Short Answer

In North Carolina, you can challenge a recent financial guardianship (guardian of the estate) by appealing the orders within tight deadlines, moving to set aside the adjudication if you were not properly served, asking to modify or end the guardianship, or seeking restoration of your rights. Start with the Clerk of Superior Court in the county where the case is docketed, and act quickly—appeal periods are short and procedures can vary by issue.

Understanding the Problem

You are the adult who was placed under a financial guardianship in North Carolina without your knowledge. You want to know if and how you can undo that guardianship now that a relative controls your spending. The single decision point is whether North Carolina law lets you challenge or terminate the guardianship when you did not receive notice or attend the hearing.

Apply the Law

North Carolina requires strict notice and hearing procedures before someone is adjudicated incompetent and a guardian is appointed. The respondent must be personally served, and the hearing must follow set timelines and evidentiary standards. After orders are entered, different paths exist to challenge them: appeals, motions to set aside for lack of service, motions to modify or remove a guardian, and petitions to restore your rights. The primary forum is the Clerk of Superior Court, with appeals to Superior Court. Appeals generally have a 10-day window from service of the order.

Key Requirements

• Proper service and notice: The respondent must receive personal service of the petition and notice; next of kin and others may also need notice.
• Valid adjudication and appointment: Incompetence must be proven by clear, cogent, and convincing evidence before a guardian is appointed.
• Timely challenge route: Use the correct vehicle—appeal, motion to set aside for lack of service, motion to modify/limit, removal of guardian, or restoration—based on timing and facts.
• Correct forum and file: File in the county where the guardianship is docketed—special proceedings/estates under the Clerk of Superior Court.
• Evidence of capacity/changes: Medical or functional proof of capacity (or improved capacity) strengthens restoration or termination requests.

What the Statutes Say

• North Carolina Gen. Stat. § 35A-1109 (Service of notice) – Requires personal service on the respondent and notice to others the clerk designates.
• North Carolina Gen. Stat. § 35A-1207 (Motions in the cause) – Allows motions to modify guardianship orders and limited emergency relief pending hearing.
• North Carolina Gen. Stat. § 1-301.3 (Appeals from clerk) – Sets the process and 10-day deadline to appeal clerk orders to Superior Court.
• North Carolina Gen. Stat. § 35A-1115 (Appeal of adjudication) – Provides a de novo appeal route of the incompetency adjudication to Superior Court.

Analysis

Apply the Rule to the Facts: You did not receive notice or attend the hearing. If you were not personally served as required, you can ask the court to set aside the adjudication and appointment for lack of proper service. Because the appointment was recent, preserve your rights by filing any available appeals within 10 days of service of the orders, and also file a motion in the cause to modify or limit the guardianship or to remove the guardian. If you can demonstrate capacity now (or that you retained capacity), petition for restoration so the guardianship terminates.

Process & Timing

1. Who files: The ward (you). Where: Clerk of Superior Court in the North Carolina county where the guardianship is docketed. What: (a) Notice of appeal of the adjudication (under § 35A-1115) and/or the appointment order (under § 1-301.3); (b) Motion in the cause to modify guardianship using AOC-E-415 with AOC-E-211 for notice; (c) Petition for restoration of rights; and, if appropriate, a motion to remove the guardian. When: File any appeal within 10 days of service of the order; file motions/petitions as soon as possible.
2. The clerk sets a hearing. Expect a few weeks lead time, though county practices vary. You may request interim relief (for example, limits on the guardian’s spending authority) if immediate protection is needed.
3. At the hearing, present proof about service defects, your current capacity, and why modification, removal, or restoration is appropriate. The clerk issues a written order. If restored, the guardianship terminates; if modified, your retained rights are spelled out; if a guardian is removed, a successor may be appointed.

Exceptions & Pitfalls

• If you were personally served but did not attend, the court likely had jurisdiction; focus on restoration or narrowing the guardianship rather than vacating the adjudication.
• Appeal routes differ: the incompetency adjudication appeal proceeds de novo; the guardian selection appeal follows the clerk-appeal statute and is on-the-record unless expanded—file both if needed.
• Use the right service rules: motions in the cause are generally served under Rule 5; failing to serve all required parties can delay or derail relief.
• Gather objective evidence (physician evaluation or multidisciplinary assessment) to support restoration or increased retained rights.
• If an interim or temporary order is involved, note that such relief is time-limited; ask the court to address any urgent restrictions promptly.

Talk to a Guardianship Attorney

If you’re dealing with a guardianship entered without your knowledge and need to challenge, modify, or end it, our firm has experienced attorneys who can help you understand your options and timelines. 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.