Short Answer

In North Carolina, you must be personally served with the guardianship petition and notice of hearing, and you have the right to attend and be heard. If you were not properly notified, you can ask the Clerk of Superior Court to set aside the orders and to pause the guardian’s authority while the court reviews notice and service. You can also seek restoration of your rights or modification/termination of the financial guardianship. Act quickly because appeal deadlines can be very short.

Understanding the Problem

You want to know if you can undo a North Carolina financial guardianship when you weren’t told about the case. Here, a relative was appointed recently as your guardian of the estate, you did not receive notice or attend the hearing, and now the guardian controls your spending. The decision point is whether lack of notice lets you challenge or end the guardianship through the Clerk of Superior Court.

Apply the Law

North Carolina law requires personal service of the guardianship petition and notice of hearing on the respondent (the adult whose rights are at stake). The clerk must set a hearing within a set window after service. The respondent has rights to counsel or a court‑appointed guardian ad litem, to attend the hearing, and to have the court decide based on the required standard of proof. If the respondent was not properly served, that defect can justify setting aside the adjudication and appointment, or, at minimum, re‑hearing the matter with proper notice. Relief can also include restoring rights or modifying/terminating the guardianship. The forum is the Clerk of Superior Court in the county where the case was heard; appeals from the clerk go to Superior Court.

Key Requirements

• Personal service on you: The petition and notice of hearing must be personally served on the respondent; notice must also go to listed next‑of‑kin.
• Hearing timing: The clerk sets the hearing within a defined window after service; respondents have the right to attend and be heard.
• Standard of proof: Incompetency must be proven by clear, cogent, and convincing evidence before any guardian is appointed.
• Forum: Proceedings are before the Clerk of Superior Court; appeals go to Superior Court on short timelines.
• Remedies for lack of notice: Motion to set aside for improper service, and motions to restore rights or to modify/terminate the guardianship of the estate; request to pause the guardian’s authority while the court reviews notice.

What the Statutes Say

• North Carolina Gen. Stat. § 35A-1109 (Service; notice) – Requires personal service on the respondent and notice to next‑of‑kin/others designated.
• North Carolina Gen. Stat. § 35A-1108 (Notice; hearing) – Clerk issues written notice; hearing occurs within a statutory window after service.
• North Carolina Gen. Stat. § 35A-1112 (Hearing and adjudication) – Sets the clear, cogent, and convincing evidence standard and hearing process.
• N.C. R. Civ. P. 60(b) (Relief from orders) – Allows motions to set aside orders, including for lack of proper service or due process.

Analysis

Apply the Rule to the Facts: If you truly were not personally served with the petition and notice, the clerk can treat the adjudication and appointment as improperly entered and can set them aside or require a new hearing with proper notice. Because this was recent, you may also be within the short appeal window; if so, file a notice of appeal and a motion to stay the guardian’s authority. If you can manage your finances, you may seek restoration of rights; if you need some support, ask the court to limit or modify the guardianship instead of a full guardianship of the estate.

Process & Timing

1. Who files: You (the respondent/ward). Where: Clerk of Superior Court in the county that issued the guardianship. What: (a) Motion to Set Aside Orders for lack of proper service (Rule 60(b)); (b) Motion to Terminate or Modify Guardianship or for Restoration of Rights; and (c) Motion to Stay/Suspend the guardian’s authority pending hearing. If within the appeal window, also file a Notice of Appeal. When: File immediately; appeal deadlines can be as short as 10 days from service of the order.
2. Serve the guardian and any parties per court rules. The clerk will set a prompt hearing; timing varies by county, but these matters are typically scheduled within weeks.
3. Attend the hearing with any proof about lack of service and your current ability to manage finances. The clerk will decide whether to set aside the orders, pause or limit the guardian’s powers, or restore some or all rights. If set aside, the court may reset the case for a new hearing with proper notice.

Exceptions & Pitfalls

• Emergency interim guardians can be appointed temporarily without full prior notice, but a prompt follow‑up hearing with proper notice must occur. Ask the clerk to limit or suspend powers until that hearing.
• If service actually occurred (e.g., sheriff’s personal delivery) but you missed the hearing, your remedy may be modification or restoration rather than setting aside for lack of notice.
• Do not wait: missing the short appeal window can limit options. File both a Rule 60(b) motion and, if still open, a notice of appeal to preserve rights.
• Make a clear record about service defects (who, when, where). Bring evidence like mail logs, witnesses, or facility records if relevant.

Talk to a Guardianship Attorney

If you’re dealing with a financial guardianship that was entered without proper notice, 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.