Dec302025
Guardianship Q&A Series

What rights do relatives or other interested people have to contest who is appointed as guardian when social services is involved? – North Carolina

Short Answer

In North Carolina, relatives and other interested people can ask the court to appoint a different guardian than the one supported by social services, but the decision-maker must still choose what is in the ward’s best interest. In adult guardianship cases, the clerk of superior court considers a statutory priority order, including any valid nomination made in advance (such as in a power of attorney). Even when a public agent or agency is involved, the court generally must make diligent efforts to find an appropriate individual or corporation before appointing a disinterested public agent.

Understanding the Problem

In a North Carolina guardianship matter where a county department of social services is involved, the core question is: can a relative or other interested person challenge who gets appointed as guardian, and what does the decision-maker have to consider when making that appointment? This issue usually comes up when an adult may need a guardian and an agency is pushing for a particular person or public agent, while family members or other concerned people believe a different guardian would be more appropriate. The key trigger is the appointment decision in the guardianship proceeding and whether the court will follow statutory priorities and the ward’s best interests when competing candidates exist.

Apply the Law

North Carolina handles adult incompetency and guardianship through the Office of the Clerk of Superior Court. If the court determines a person is incompetent and needs a guardian, the clerk appoints a guardian based on statutory priorities, but the clerk must ultimately choose what is in the ward’s best interest. Social services involvement does not remove the ability of relatives or other interested people to come forward, file, and be heard; it often increases the urgency to act early and present a workable alternative guardian plan.

Key Requirements

  • Standing to come forward: A relative or other interested/responsible person generally must take formal action in the case (such as filing a petition or motion, or requesting consideration as guardian) so the clerk can consider that person as a candidate.
  • Priority and nominations matter: The clerk must consider appointment in a statutory order of priority, including certain advance nominations (for example, nominations tied to powers of attorney) before moving to other individuals, corporations, or a disinterested public agent.
  • Best interest controls the final decision: Even if someone has priority, the clerk bases the appointment on the ward’s best interest, which can include practical ability to serve, conflicts, and whether a less restrictive (limited) guardianship may fit.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts describe an adult guardianship matter where an agency is involved and the family wants to challenge who is appointed. Under North Carolina’s adult guardianship framework, the clerk can consider relatives and other interested people who step forward as candidates, and the clerk must consider the statutory priority order while still choosing what is in the ward’s best interest. If the agency supports a public agent or a non-family candidate, a relative who can show availability, stability, and a workable care plan can ask the clerk to appoint that relative instead. If the respondent has expressed preferences, the guardian ad litem must make reasonable efforts to learn and present those wishes to the clerk, which can affect the appointment decision.

Process & Timing

  1. Who files: Typically a relative or other interested person who wants to be considered as guardian (or wants a different person appointed). Where: The Office of the Clerk of Superior Court in the county where the adult guardianship case is pending in North Carolina. What: A written filing asking to be appointed guardian or objecting to the proposed guardian and requesting appointment of an alternative; counties often have local forms and procedures posted through the clerk’s office. When: As early as possible after learning an agency is seeking appointment, and before the appointment hearing if feasible.
  2. Hearing and evidence: The clerk considers the statutory priority order, the ward’s best interest, and practical factors such as conflicts, ability to serve, and whether a limited guardianship could meet the needs with fewer restrictions. The respondent’s guardian ad litem participates and presents the respondent’s wishes and may address whether a limited guardianship makes sense.
  3. Appointment order: If the clerk appoints a guardian, the clerk enters an order naming the guardian (and the scope, such as guardian of the person, guardian of the estate, or general guardian). If the clerk does not appoint the requested person, the order typically controls unless modified through the proper court process.

Exceptions & Pitfalls

  • Adult guardianship vs. juvenile guardianship: Social services involvement can occur in different court systems. Adult guardianship is typically handled by the clerk under Chapter 35A, while juvenile court guardianship uses a different process and standards under Chapter 7B.
  • Priority is not an automatic win: Even a close relative may not be appointed if the clerk finds another option better serves the ward’s best interest (for example, due to conflict, inability to manage care, or practical barriers).
  • Not presenting a workable plan: Objections without an alternative plan often fail. A strong challenge usually pairs the objection with a specific proposed guardian and a realistic plan for care, decision-making, and (if relevant) handling money.
  • Ignoring the respondent’s wishes: The guardian ad litem must try to learn and present the respondent’s wishes. A challenge that does not address those wishes (or explain why they cannot be followed) can lose credibility with the clerk.
  • County-to-county procedure differences: Filing requirements, hearing scheduling, and local expectations vary. Travel costs and timing concerns often come from these local practice differences, so early coordination with the clerk’s office and local counsel can be important.

Conclusion

In North Carolina, relatives and other interested people can contest who is appointed as guardian even when social services is involved, because the clerk of superior court must consider statutory priorities and then appoint the guardian that best serves the ward’s best interest. The clerk generally should not appoint a disinterested public agent until diligent efforts have been made to find an appropriate individual or corporation. The most important next step is to file a written request with the Clerk of Superior Court in the case county asking to be considered for appointment (or objecting to the proposed guardian) before the appointment hearing date.

Talk to a Guardianship Attorney

If a county agency is pushing for a guardian appointment and a family member or other interested person wants the court to consider a different guardian, our firm has experienced attorneys who can help explain options, prepare filings, and focus on the timelines that matter in North Carolina guardianship 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.