Feb122026
Guardianship Q&A Series

If I live in a group home, who gets to decide whether I can work or leave the home, and can I challenge those restrictions? – North Carolina

Short Answer

In North Carolina, the decision-maker depends on what the court order says and what type of guardian is appointed. A guardian of the person (or a general guardian) often has authority over major personal decisions like where the ward lives and whether the ward can take on obligations tied to work, but the guardian must still follow the court’s limits and act in the ward’s best interests. Restrictions can be challenged by asking the Clerk of Superior Court to resolve the dispute, change the guardianship to a more limited arrangement, or restore rights if competency has returned.

Understanding the Problem

In a North Carolina guardianship, can a ward living in a group home work or leave the home without permission, and who decides that? The key decision point is what authority the court gave the guardian (guardian of the person, guardian of the estate, or general guardian) and whether the guardianship order limits or expands the guardian’s power over residence and day-to-day independence. The related question is whether the Clerk of Superior Court can review and change restrictions when the ward’s stability and life skills have improved.

Apply the Law

North Carolina guardianships are supervised by the Clerk of Superior Court. The clerk’s order appointing a guardian (and the “letters” issued after appointment) defines the guardian’s authority. If a dispute arises about what the guardian can require—such as staying in a group home or not working—the clerk has authority to hear related proceedings and resolve disputes, and the guardianship can also be changed or ended if the ward has regained capacity.

Key Requirements

  • What the guardianship order covers: The scope of decision-making depends on whether there is a guardian of the person, guardian of the estate, or a general guardian, and on any limits written into the clerk’s order.
  • A concrete reason to change the current setup: To loosen restrictions, the request should be tied to improved functioning (for example, better decision-making, consistent treatment, stable behavior, and ability to manage daily responsibilities) and a plan that addresses safety and support needs.
  • Using the correct court process: Challenges typically go back to the Clerk of Superior Court who has jurisdiction over the guardianship, either as a dispute the clerk can decide, a request to change the guardian/terms, or a request for restoration of competency.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the ward has been under guardianship since the late teens, the guardian later changed from a parent to a state-appointed guardian, and the ward now reports improved stability and life skills. Whether the ward can work or leave the group home without permission depends first on what the clerk’s guardianship order authorizes (for example, whether a guardian of the person or a general guardian is in place). If the current restrictions are broader than necessary given the ward’s improved functioning, the ward can ask the clerk to review the dispute and can also pursue a change to a more limited guardianship or restoration of competency under the statutory process.

Process & Timing

  1. Who files: The ward (or the guardian, or another interested person). Where: The Clerk of Superior Court in the county that has jurisdiction over the guardianship. What: A verified “motion in the cause” seeking restoration of competency, or a petition/motion asking the clerk to address a dispute and modify the guardianship terms (the exact form and caption can vary by county). When: For restoration, the hearing is generally set not less than 10 days and not more than 30 days from service of the motion and notice of hearing, unless the clerk orders otherwise for good cause.
  2. Hearing preparation: Evidence typically focuses on current functioning and support needs (for example, ability to follow rules, manage a schedule, handle money with appropriate supports, communicate with providers, and understand work and housing responsibilities). The clerk can order an evaluation, and the ward has a right to counsel (and may receive a guardian ad litem if indigent and not represented in a restoration proceeding).
  3. Decision and next steps: If the clerk (or a jury, if requested) finds the ward competent by a preponderance of the evidence, the clerk enters an order restoring competency and the guardianship ends. If the request is denied, the order can be appealed as allowed by statute, and other options may still include seeking narrower limits rather than full restoration.

Exceptions & Pitfalls

  • Assuming the group home sets the legal rules: A group home may have program rules, but the legal authority to restrict residence and major life decisions usually flows from the guardianship order and the guardian’s powers, not from the facility alone.
  • Not matching the request to the right remedy: If the goal is “more independence but not full restoration,” a limited change in the guardianship terms may fit better than an all-or-nothing restoration request. If the goal is “full rights back,” the restoration process under the statute is the direct path.
  • Weak documentation of current capacity: Clerks often look for recent, practical proof of functioning (not just intentions). A plan for work and a safe housing transition, with supports, can matter as much as diagnosis history.
  • Service and notice mistakes: Restoration motions require proper service and notice under the civil rules referenced in the statute; errors can delay the hearing.
  • Conflict or breakdown with the guardian: If restrictions reflect mismanagement, neglect, or other “cause,” the clerk can intervene and may remove the guardian in appropriate cases, but the request should be specific about the conduct and how it harms the ward’s interests.

Conclusion

In North Carolina, whether a person in a group home can work or leave the home depends on the guardianship order and the type of guardian appointed, with the Clerk of Superior Court supervising the case and resolving disputes. Restrictions can be challenged by returning to the clerk to ask for a change in the guardianship terms or, if competency has returned, by filing a verified motion for restoration of competency. A key timing rule is that a restoration hearing is generally set within 10–30 days after service. The next step is to file the appropriate motion with the clerk who has the guardianship file.

Talk to a Guardianship Attorney

If a group home placement or guardian decision is limiting work or freedom of movement, our firm has experienced attorneys who can help explain who has authority, what the court order allows, and what options exist to seek a more limited guardianship or restoration of rights. 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.