Jan172026
Guardianship Q&A Series

What happens if I didn’t know about the guardianship when it was put in place—can that affect whether it can be changed now? – North Carolina

Short Answer

Yes. In North Carolina, an adult guardianship case is supposed to include personal service on the respondent and a clear notice of rights before the incompetency hearing. If those notice steps did not happen, it can be a reason to ask the Clerk of Superior Court to revisit what was entered and, depending on the situation, to set aside or modify orders.

Even if the original case cannot be undone, lack of notice does not prevent filing now to restore rights, end the guardianship, or change the guardian based on current circumstances.

Understanding the Problem

In a North Carolina adult guardianship, the key question is whether the person who became the “ward” had proper notice and a real chance to participate when the court first decided incompetency and appointed a guardian. When a guardianship was started years ago by a parent and the ward later learns it happened without their knowledge, the issue becomes whether that lack of notice can affect what the Clerk of Superior Court can change now.

Apply the Law

North Carolina treats an adult guardianship as a court process with required notice, representation, and a hearing before a person can be adjudicated incompetent. The Clerk of Superior Court (not a district court judge in most cases) typically handles the incompetency and guardianship proceedings. If required notice was not properly given, that can support a request for relief from the prior orders and can also strengthen a request for a fresh review of whether guardianship is still needed or should be limited.

Key Requirements

  • Proper notice and service: The respondent should be personally served with the petition and key notices so they know the case exists and when the hearing will happen.
  • Meaningful opportunity to participate: The process includes a hearing and the ability to present evidence and challenge evidence before an incompetency adjudication is entered.
  • Representation and communication of wishes: The respondent has the right to counsel of choice or a court-appointed attorney serving as guardian ad litem, who must make reasonable efforts to learn and present the respondent’s express wishes.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the ward reports learning later that a parent started the guardianship and that multiple guardians have served over the years while the ward remained in a residential facility. If the ward truly was not personally served with the petition and notice of rights at the beginning, that fact can matter because North Carolina law expects personal service and a hearing before an incompetency adjudication is entered. Separately, even if the original paperwork was technically served, a long history of guardianship with little movement toward independence can support asking the clerk to review whether the current guardianship still fits the ward’s present abilities and needs.

Process & Timing

  1. Who files: The ward (or an attorney on the ward’s behalf). Where: The Clerk of Superior Court in the county where the guardianship file is maintained in North Carolina. What: A request to review/modify the guardianship and/or a petition to restore competency (often described as restoring rights). When: There is not one single “always-applicable” deadline to seek review or restoration, but timing can matter if the request is framed as setting aside an old order based on lack of service or lack of notice.
  2. Next step: Obtain and review the court file to confirm what was served, when it was served, who was appointed as guardian ad litem, and what findings the clerk made. This step often drives strategy because the remedy can differ if the file shows personal service versus substituted service, waiver, or other irregularities.
  3. Final step: The clerk schedules a hearing and decides whether to leave the guardianship in place, modify it (including considering a more limited arrangement), change the guardian, or restore competency and end the guardianship.

Exceptions & Pitfalls

  • Not knowing vs. not being served: A ward can feel unaware of the case even when the file shows legal service. The court’s record of service (and whether a guardian ad litem visited and explained rights) often becomes the deciding issue.
  • Waiver and participation issues: If the ward (or counsel/guardian ad litem) appeared and participated without raising notice problems, the clerk may treat some objections as waived, depending on what happened procedurally.
  • Wrong “fix” for the goal: Sometimes the best path is not trying to undo a years-old order, but instead filing for restoration of competency or modification based on current functioning, supports, and a realistic plan for decision-making and living arrangements.
  • County-to-county file location: If the ward’s residence or placement changed over time, the guardianship may have been transferred. Filing in the wrong county can delay the hearing.

Conclusion

In North Carolina, an adult guardianship is supposed to start with personal service on the respondent and a clear notice of rights before the incompetency hearing. If the ward truly did not receive the required notice, that can be a reason to ask the Clerk of Superior Court to revisit what was entered and consider setting aside or changing orders. The practical next step is to get the guardianship court file and then file the appropriate request with the clerk—often a motion to review/modify and/or a petition to restore competency—promptly after discovering the lack-of-notice issue.

Talk to a Guardianship Attorney

If you’re dealing with a long-running North Carolina guardianship and there are concerns about whether proper notice was given or whether the guardianship still fits the current situation, our firm has experienced attorneys who can help explain 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.

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.