Short Answer

In North Carolina, you end a guardianship by asking the court to restore you to competency; you reduce a guardianship by asking the court to modify it (for example, to a limited guardianship). Both are filed with the Clerk of Superior Court in the county where the case is docketed. Restoration requires proof by a preponderance of the evidence that you can manage your affairs; modification requires showing the order is broader than necessary. The clerk may order evaluations and will hold a hearing.

Understanding the Problem

In North Carolina, can you ask the Clerk of Superior Court to end or reduce your current guardianship so you regain some or all rights? You are currently under a North Carolina guardianship and want relief either by full restoration (termination) or by narrowing the guardian’s powers.

Apply the Law

Under North Carolina law, there are two main paths: (1) restoration to competency, which terminates the guardianship, and (2) modification of the guardianship to a more limited arrangement. These are handled as “motions in the cause” in the existing guardianship file before the Clerk of Superior Court. The clerk can appoint counsel or a guardian ad litem (GAL) for the ward, request medical or multidisciplinary evaluations, and will set a hearing. For restoration, the ward (or the ward’s counsel or GAL) may request a jury of six. Appeals differ depending on whether the issue is restoration or the scope/appointment of a guardian.

Key Requirements

• File the right motion: Use a verified motion for restoration to competency or a motion to modify guardianship to narrow powers or convert to a limited guardianship.
• Proper venue and notice: File in the county where the guardianship is docketed; serve required parties (restoration uses special notice; modification is typically served under Rule 5) and calendar a hearing.
• Proof and evaluations: For restoration, show by a preponderance of the evidence that you can manage your affairs; the clerk may order medical or multidisciplinary evaluations for either restoration or modification.
• Hearing and possible orders: The clerk may fully restore rights (ending guardianship), partially restore rights (limited guardianship), adjust guardian powers, or, if the problem is the guardian, consider removal under the separate removal statute.
• Appeals: A denial of restoration may be appealed to Superior Court for a new (de novo) hearing; other guardianship orders are reviewed on the record under the clerk-appeals statute.

What the Statutes Say

• N.C. Gen. Stat. § 35A-1130 (Restoration to competency) – Allows any interested person to seek restoration; sets notice, jury right for the ward, and preponderance standard.
• N.C. Gen. Stat. § 35A-1207 (Motion in the cause) – Permits modification of guardianship terms and emergency ex parte relief; filed in the existing case.
• N.C. Gen. Stat. § 35A-1111 (Multidisciplinary evaluation) – Authorizes medical/functional evaluations to inform the court’s decision.
• N.C. Gen. Stat. § 1-301.3 (Appeals from the clerk) – Sets the standard of review for appeals of clerk orders other than the incompetency adjudication.

Analysis

Apply the Rule to the Facts: Because you are currently under a North Carolina guardianship, you can file in the same case to seek either restoration (which ends the guardianship) or modification (which reduces it). If your abilities have improved, current medical records or an evaluation will help meet the preponderance standard for restoration. If you still need some help, a motion to limit the guardianship can narrow the guardian’s powers so you retain more rights.

Process & Timing

1. Who files: The ward or any interested person. Where: Clerk of Superior Court in the North Carolina county where the guardianship is docketed. What: For restoration, file AOC-SP-215 (Motion in the Cause for Restoration to Competency) and AOC-SP-216 (Notice of Hearing/Order Appointing GAL). For reduction/modification, file AOC-E-415 (Motion in the Cause to Modify Guardianship) with AOC-E-211 (Notice of Hearing) and seek an order on AOC-E-416. When: You may file at any time; hearing dates vary by county.
2. After filing, the clerk issues required notices, may appoint counsel or a GAL for the ward, and may order a medical or multidisciplinary evaluation. Courts typically schedule hearings within several weeks, but timing varies by county and evaluation needs.
3. At the hearing, present medical and functional evidence. Possible outcomes include full restoration (guardianship ends), partial restoration/limited guardianship, adjusted powers, or—if the issue is guardian conduct—proceedings to remove and replace the guardian. Written orders issue and, if applicable, appeal rights run from entry.

Exceptions & Pitfalls

• Trying to swap guardians under the “modify” statute: changing who serves is typically handled under the separate removal statute, not a simple modification.
• Skipping evidence: restoration requires credible, current proof of capacity; bring medical records and witnesses. The clerk can order evaluations if needed.
• Service/notice missteps: restoration has special notice and GAL requirements; modification motions are generally served under Rule 5 to all parties and others the clerk directs.
• Jury rights are limited: only the ward (or the ward’s counsel or GAL) may demand a six‑person jury on restoration; others cannot.
• Wrong venue: file in the county where the guardianship is docketed with the Clerk of Superior Court.

Talk to a Guardianship Attorney

If you’re dealing with restoring your rights or narrowing a North Carolina guardianship, 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.