Jan292026
Guardianship Q&A Series

How can I challenge an adult guardianship if I wasn’t given a fair chance to participate and the information presented was inaccurate? – North Carolina

Short Answer

In North Carolina, challenging an adult guardianship usually means acting quickly in the clerk of superior court file that created the guardianship. Depending on what went wrong, the main options are (1) a short-deadline appeal to superior court for a new hearing (trial “de novo”), and/or (2) a motion in the cause asking the clerk to review, modify, or correct the guardianship based on due process problems or inaccurate information. If the issue is that the adult is not actually incompetent (or no longer is), a restoration-to-competency petition can also be the right vehicle.

Understanding the Problem

In North Carolina adult guardianship cases, a common question is: can a family caregiver challenge a guardianship order when the case moved forward through remote hearings and the caregiver believes the process was not fair and the court relied on inaccurate allegations about care and the home environment? The decision point is which procedural path fits the complaint—an appeal of the clerk’s order, a request for the clerk to review or modify the guardianship within the existing file, or a request to end the guardianship because the adult is competent.

Apply the Law

North Carolina adult guardianship typically starts with an incompetency proceeding before the clerk of superior court. The clerk decides whether the adult is incompetent and, if so, appoints a guardian. North Carolina law builds in participation rights at the hearing (including the ability to present evidence and challenge allegations), and it also provides specific ways to seek review after an order is entered—most importantly, a short-deadline appeal to superior court for a new hearing and “motions in the cause” filed in the guardianship file.

Key Requirements

  • Identify the order and the problem: The challenge should target the specific order (incompetency adjudication, guardian appointment, or later guardianship decisions) and the specific fairness issue (lack of notice, inability to be heard, inability to present evidence, or reliance on materially inaccurate information).
  • Use the correct procedural vehicle: An appeal is different from a motion in the cause, and a request to restore competency is different from a request to change how the guardianship is being administered.
  • Meet service and timing rules: Guardianship filings generally must be served on the parties of record in the guardianship/incompetency file, and some remedies have very short deadlines.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts describe an older parent with mild memory issues, no power of attorney, and a guardianship established during a hospital stay through remote hearings. If the caregiver did not receive meaningful notice, could not present evidence, or could not challenge allegations about the home and care, that points to a process problem tied to the hearing rights built into North Carolina’s incompetency procedure. If the core dispute is that the parent was not actually incompetent (or the evidence was overstated), the challenge often focuses on getting a new hearing (appeal) or filing for restoration to competency with updated evidence.

Process & Timing

  1. Who files: Usually the respondent/ward (through counsel/guardian ad litem as appropriate) or an “interested person,” depending on the remedy. Where: the Clerk of Superior Court (Estates/Guardianship file) in the county where the guardianship is docketed; appeals go to Superior Court in the same county. What: (a) a written Notice of Appeal for an incompetency adjudication, or (b) a verified motion in the cause asking the clerk to review/modify/correct the guardianship, or (c) a verified motion/petition for restoration to competency. When: an appeal from an incompetency adjudication has a very short deadline—North Carolina’s statutory notice of rights describes a 10-day appeal window after entry of the order.
  2. Build the record: Gather the remote-hearing notices, service documents, audio/video links or recordings if available, medical records relevant to capacity, and neutral third-party evidence about the home environment (for example, discharge planning notes, inspection/visit notes, or photos with dates). The goal is to show either (i) the process was not fair (notice and opportunity to be heard) or (ii) the factual foundation was materially wrong.
  3. Hearing and ruling: The clerk (or superior court on appeal) holds a hearing. Depending on the filing, the result could be a new hearing, changes to the guardianship terms, replacement of a guardian, or (in a restoration case) an order ending the guardianship if competency is proven under the applicable standard.

Exceptions & Pitfalls

  • Challenging “guardianship” vs. “incompetency”: North Carolina treats the incompetency adjudication and the guardian appointment as related but distinct steps. A filing that attacks the wrong order can miss the real issue.
  • Standing and party status: A caregiver may be an “interested person,” but not every caregiver is automatically a party of record. A motion should explain the relationship and why the person has a legally recognized interest in the guardianship file.
  • Service problems cut both ways: If the complaint is lack of notice, the motion should be precise about what was not served and when. At the same time, any new motion must be properly served on all required parties under the guardianship rules, or it can be delayed or denied on procedure.
  • Inaccurate allegations need proof: Courts usually respond better to objective corrections (records, dates, neutral witnesses) than to broad claims that “everything said was false.” Focus on a few provable inaccuracies that mattered to the outcome.
  • Remote-hearing logistics: When remote participation was the problem, it helps to document the barrier (no link provided, wrong email address, inability to access exhibits, inability to call witnesses) and connect it to the inability to present evidence or challenge testimony.

Conclusion

In North Carolina, a challenge to an adult guardianship based on an unfair process or inaccurate information usually starts in the clerk of superior court file that created the guardianship. The main paths are a fast appeal of an incompetency adjudication to superior court for a new hearing, or a motion in the cause asking the clerk to review, modify, or correct the guardianship based on what went wrong. If the adult is competent (or has improved), a restoration-to-competency petition may be the right next step. File the appropriate document with the clerk within the applicable deadline.

Talk to a Guardianship Attorney

If a guardianship was entered during a hospital stay and the process felt unfair or based on inaccurate allegations, our firm has experienced attorneys who can help explain options, deadlines, and the best procedural path in North Carolina. Call us today at 919-341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.

Category: Guardianship Q&A Series

Author: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.