Dec32025
Guardianship Q&A Series

What happens if there was a prior guardianship in another county with a different sibling as guardian—do we transfer that case or start a new one where my sibling lives now? – North Carolina

Short Answer

Under North Carolina law, an existing adult guardianship normally stays with the original county and can be transferred to a new county by court order; a brand-new case is not started while that guardianship is still in place. The clerk of superior court in the original guardianship county keeps jurisdiction unless the matter is formally transferred. The proper path is usually to ask the original clerk to change venue or transfer the guardianship file, not to file a second guardianship case in the new county.

Understanding the Problem

The narrow question is: when a North Carolina adult already has a guardianship case in one county with one sibling serving as guardian, and later another sibling in a different county wants to become guardian, does the law call for a transfer of the existing case or the filing of a completely new guardianship in the sibling’s home county? The issue sits at the intersection of adult guardianship, county venue, and how the clerk of superior court manages an ongoing file when a ward’s circumstances or residence change.

Apply the Law

North Carolina adult guardianship law focuses on venue (which county is proper) and transfer (moving a pending or existing guardianship file). The clerk of superior court in each county has original jurisdiction over incompetency and guardianship proceedings, and the statutes set out where a case should start and how it can be moved. Once a guardianship is established, the default rule is to work through the existing file rather than begin a competing case in another county.

Key Requirements

  • Existing guardianship controls venue: When an adult has already been adjudicated incompetent and a guardian appointed, venue for future guardian appointments or changes follows that existing case unless it is formally transferred.
  • Proper county is based on residence or inpatient status: For incompetency and guardianship, venue is tied to the ward’s residence, domicile, or inpatient location, which can support a motion to transfer if circumstances change.
  • Transfer must be ordered by the clerk: Moving a guardianship from one North Carolina county to another requires a written transfer or change-of-venue order from the clerk, and the original clerk sends the full file to the new county.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, a prior guardianship in one North Carolina county already named a sibling as guardian. Under the venue rules, that original county remains the proper place for guardianship decisions unless the clerk orders a transfer. Even if the ward is now inpatient in a facility in a different county and another sibling seeks appointment, the usual step is to move in the existing case for a change of venue or transfer, not to open a second, competing guardianship file in the new county. Any change of guardian or modification of powers would occur within that existing case after transfer or in the original county if no transfer is ordered.

Process & Timing

  1. Who files: An interested party, such as a sibling or the current guardian. Where: Clerk of Superior Court, Estates Division, in the county that currently has the guardianship file. What: A written motion or petition in the existing guardianship asking for (a) change of venue and/or transfer to the county where the ward now resides or is an inpatient, and, if appropriate, (b) removal/substitution of the current guardian. When: Any time after circumstances change (for example, the ward’s move or a breakdown with the current guardian).
  2. The clerk in the original county reviews the motion, may set a hearing, and decides whether good cause exists to change venue or transfer the guardianship file. If transfer is granted, the clerk issues a written order and sends the original guardianship papers, including incompetency orders and guardian appointment orders, to the clerk in the new county, who then dockets the case.
  3. Once the case is docketed in the new county, the interested sibling may pursue relief in that file, such as appointment as successor guardian or modification of the guardian’s powers. The outcome is reflected in new orders entered under the transferred guardianship case number.

Exceptions & Pitfalls

  • If the prior guardianship has been formally terminated, the situation changes; in that case, a new incompetency and guardianship proceeding may be necessary in the county that now has proper venue.
  • Filing a brand-new guardianship in the second county while the first guardianship is still active can create conflicting orders and confusion about who has legal authority over the ward.
  • Not confirming whether the original guardianship file is still open, or assuming that a relinquished power of attorney ended the court-ordered guardianship, can lead to incorrect filings.
  • Venue rules tie to residence, domicile, or inpatient status; if those facts are not clearly documented, a clerk may question whether transfer is appropriate.
  • Notice requirements apply; failing to give required notice to the current guardian and other interested parties can delay or derail a motion to transfer or change guardians.

Conclusion

When a North Carolina adult already has a guardianship in one county, that existing case governs further guardianship decisions, including whether another sibling can become guardian. Venue stays with the original county unless the clerk orders a change of venue or a formal transfer of the guardianship file to the new county where the ward now resides or is inpatient. The next step is to file a motion in the original guardianship case asking the clerk to transfer venue and, if appropriate, to appoint a different guardian.

Talk to a Guardianship Attorney

If a prior guardianship exists in another North Carolina county and a different sibling now needs to step in, our firm has experienced guardianship attorneys who can help sort out venue, transfer, and next steps with the clerk of superior court. 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.