Dec32025
Guardianship Q&A Series

How can I change an existing adult guardianship so a family member, not the county, is appointed guardian or co‑guardian? – North Carolina

Short Answer

Under North Carolina law, an interested person can ask the clerk of superior court in the county where the guardianship is filed to change the current guardian from the county agency to a family member, or to add a family co‑guardian. This is done by filing a “motion in the cause” in the existing guardianship case and showing that the requested change is in the ward’s best interest and that the proposed family guardian is qualified and able to carry out the needed duties.

Understanding the Problem

The specific question is whether, in North Carolina, an existing adult guardianship that names a county agency (such as the county department of social services) as guardian can be changed so that a family member is appointed instead, or added as a co‑guardian. This arises in adult guardianship cases where a sibling or other relative wants legal authority to participate in medical and care decisions, receive updates from providers, and arrange outings or visits, but cannot personally provide 24/7 care or pay for facility costs. The question focuses on how an interested family member can ask the clerk of superior court to modify the existing guardianship order so that the guardian is no longer solely the county and instead includes a trusted relative, while keeping necessary supports, benefits, and facility placement in place.

Apply the Law

North Carolina’s guardianship laws allow the clerk of superior court to keep ongoing control over a guardianship case and to change the guardian or the terms of the guardianship if circumstances or the ward’s best interests call for it. The main procedure is to file a motion in the existing case asking the clerk to modify the prior order, which can include removing or replacing a guardian, or adding a co‑guardian. The clerk looks at the ward’s needs, the performance of the current guardian, and whether the proposed family guardian is suitable and able to perform the role, even if the family member cannot provide hands‑on full‑time care or pay facility costs.

Key Requirements

  • Standing as an interested person: The person asking for the change must be an “interested person,” such as a relative or someone meaningfully involved in the ward’s care and welfare.
  • Proper motion in the existing guardianship: The request must be filed as a motion in the cause in the same guardianship file, in the county where the case is currently docketed, and served on the current guardian and other parties as the clerk directs.
  • Best interest and suitability: The clerk must find that changing the guardian or adding a co‑guardian is in the ward’s best interest and that the proposed family guardian is qualified, willing, and able to carry out the needed guardianship duties.

What the Statutes Say

Analysis

Apply the Rule to the Facts: In the described situation, the sibling is plainly an “interested person” because of the close family relationship, regular visits, and active role in the ward’s care. That sibling may file a motion in the existing guardianship case asking the clerk to modify the order so that a family member is appointed as guardian of the person or as co‑guardian with the county. The motion should explain the good relationship with facility staff, the desire and ability to help make medical and care decisions and arrange outings, and the practical limits on providing full‑time care or paying for the facility. The clerk then weighs whether adding or substituting the family guardian will protect the ward’s interests and work smoothly alongside any continued involvement by the county, especially where VA benefits and medical records may be involved.

Process & Timing

  1. Who files: An interested person (such as a sibling or other close relative). Where: With the clerk of superior court, Estates/Guardianship Division, in the North Carolina county where the guardianship is currently docketed. What: A written, verified motion in the cause in the existing guardianship file, asking to remove the county as sole guardian and appoint a family member as guardian or co‑guardian, and explaining why this change is in the ward’s best interest (including medical decision‑making, communication needs, and coordination with any VA matters). When: Any time after appointment; there is no fixed deadline, but acting promptly once concerns or changed circumstances arise is important.
  2. The clerk sets a date, time, and place for a hearing and issues a notice of hearing. The movant must serve the motion and notice on the current guardian (for example, the county department), the ward, and any other parties or relatives the clerk directs, usually following North Carolina’s civil procedure service rules. Hearings are typically scheduled several weeks out, but timing can vary by county and court workload.
  3. At the hearing, the clerk considers testimony, records, and any reports (including from the facility or VA providers if available) about the ward’s needs, the county guardian’s performance, and the proposed family guardian’s suitability. After the hearing, the clerk enters a written order either granting or denying some or all of the requested changes and, if appropriate, issues new or amended letters of guardianship naming the family member as guardian or co‑guardian. Those letters will then be used with healthcare providers, facilities, and agencies.

Exceptions & Pitfalls

  • In some cases, the clerk may decide that the county should remain as guardian of the estate (to manage funds and benefits) while a family member becomes guardian of the person or co‑guardian. The clerk can tailor the order so that duties are divided based on who can best perform them.
  • If the ward receives veterans’ benefits that require a specific type of fiduciary or guardian, federal rules and North Carolina veterans’ guardianship statutes can limit who is appointed to handle those funds. A family guardian may still be appropriate for personal and medical decisions even if the county or another fiduciary continues to manage VA payments.
  • A common mistake is filing a brand‑new guardianship petition instead of a motion in the existing guardianship case. Doing so can cause delay or dismissal; the proper procedure is to move to modify the existing order in the same file.
  • Another pitfall is failing to serve all required parties. If notice requirements are not met, the clerk may continue or deny the motion or require re‑service, which delays any change in authority.
  • Family members sometimes assume that wanting more involvement is enough. The motion and evidence should focus on the ward’s best interests, document a consistent pattern of visits and cooperation with providers, and address how the family guardian will communicate with the facility, the county, and any federal agencies.

Conclusion

To change an existing North Carolina adult guardianship so a family member, rather than the county, serves as guardian or co‑guardian, an interested person must file a motion in the cause with the clerk of superior court in the county where the guardianship is docketed. The clerk then holds a hearing and decides whether appointing the family member, alone or alongside the county, best serves the ward’s interests and whether the proposed guardian is suitable. The most important next step is to prepare and file a detailed motion in the current guardianship case requesting the specific change in guardian and explaining why it will better protect the ward.

Talk to a Guardianship Attorney

If a family is dealing with a North Carolina adult guardianship where the county is the current guardian and a relative wants to step in as guardian or co‑guardian, our firm has experienced attorneys who can help explain options, prepare the motion, and navigate the hearing process. 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: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.