Short Answer

No. In North Carolina, you generally do not refile a guardianship case when the parent moves. Venue is set when you file. If the parent relocates, you can ask the Clerk of Superior Court to transfer the pending incompetency or the ongoing guardianship to the new county rather than starting over.

Understanding the Problem

North Carolina guardianship is handled by the Clerk of Superior Court. Your question is: if a parent (the respondent/ward) moves to a different North Carolina county after you start, must you refile there? Here, the parent’s early-onset dementia makes guardianship necessary because they cannot safely manage daily matters. You want to know if a move during the case changes where you must proceed.

Apply the Law

Under North Carolina law, you file an incompetency petition in the respondent’s home county. Once filed, the original county keeps the case unless the clerk changes venue. After a guardian is appointed, if the ward later moves, the guardianship file can be transferred to the new county; the existing guardianship continues without refiling.

Key Requirements

• Proper county to start: File the incompetency petition in the county where the respondent resides or is domiciled; if none, where the respondent is present.
• Change of venue before appointment: If the respondent moves or convenience requires, an interested person may ask the clerk to transfer the pending case to a county where venue would be proper.
• Transfer after appointment: Once a guardian is appointed, the clerk may transfer the guardianship to the ward’s new county of residence so ongoing oversight occurs there.
• Forum: These matters are heard and managed by the Clerk of Superior Court, not a judge in a separate court division.
• No need to refile: Transfer is done by motion and clerk order; the receiving county accepts the file and issues updated letters without starting a new case.

What the Statutes Say

• North Carolina Gen. Stat. § 35A-1103 (Venue for incompetency) – File where the respondent resides/domiciled or is present if no residence.
• North Carolina Gen. Stat. § 35A-1113 (Change of venue) – Clerk may transfer a pending incompetency case for good cause to a proper county.
• North Carolina Gen. Stat. § 35A-1207 (Venue after guardianship begins) – Sets venue rules for guardianship proceedings.
• North Carolina Gen. Stat. § 35A-1208 (Transfer to another county) – Clerk may transfer an existing guardianship to the ward’s new county.

Analysis

Apply the Rule to the Facts: Because your parent lived in one North Carolina county when you filed, filing there was proper. If they move mid‑case, you don’t refile; you ask the Clerk to change venue to the new county if it improves access or convenience. If a guardian is already appointed when the move happens, you request a guardianship transfer to the new county so monitoring and filings occur there, with no restart.

Process & Timing

1. Who files: The petitioner or any interested person. Where: Clerk of Superior Court in the original county. What: For a new case, file the AOC-SP-200 petition; to move a pending case, file a written motion for change of venue; after appointment, file a motion to transfer the guardianship. When: File the transfer or venue motion as soon as the move is confirmed and before any scheduled hearing if you want that hearing held in the new county.
2. After you file the motion, the clerk will provide notice to interested parties and may hold a brief hearing. Timing varies by county; expect a short continuance if a hearing is already set.
3. If granted, the original clerk transfers the file to the new county. The receiving clerk dockets the case and issues updated letters to the same guardian(s). You then file future reports and accountings in the new county.

Exceptions & Pitfalls

• If the original filing county was improper, the clerk can transfer the case; dismissal is uncommon when transfer will fix venue.
• “Residence” and “domicile” are not always the same; a short-term facility stay may not change domicile. Provide clear facts about the parent’s home base.
• Keep all parties updated on the move and the motion. Missed notice can delay the transfer.

Talk to a Guardianship Attorney

If you’re dealing with a North Carolina guardianship and a mid‑case move, 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.