Short Answer

In North Carolina, you ask the Clerk of Superior Court to restore your rights by filing a verified motion in your existing guardianship case. You must show credible, current evidence that you can make personal and financial decisions. The clerk will hold a hearing, may order an evaluation, and can either fully restore your rights, partially restore them, or modify/terminate the guardianship. Appeal rights and local practices apply.

Understanding the Problem

North Carolina: Can you, as the ward, ask the Clerk of Superior Court to restore your right to make personal and financial decisions now that you’re consistently attending therapy?

Apply the Law

Under North Carolina law, the clerk can reopen a guardianship case to decide whether some or all of a ward’s rights should be restored. The request is made by a verified motion in the existing file. The clerk may require medical or psychological input and holds a hearing to decide whether the ward currently has capacity to make personal and/or financial decisions. The hearing occurs in the Clerk of Superior Court in the county where the guardianship is filed.

Key Requirements

• Proper filing in the right file: File a verified motion in the cause in your existing guardianship case with the Clerk of Superior Court where the case is pending.
• Who may file: The ward, the guardian, or another interested person may ask to restore rights, modify, or terminate the guardianship.
• Notice and participation: Serve the guardian and other required parties so everyone can attend and be heard at the hearing.
• Current capacity evidence: Provide up‑to‑date treatment letters, evaluations, or records showing your present ability to make personal and financial decisions; the clerk may order a multidisciplinary evaluation.
• Hearing and order: The clerk conducts a formal hearing, applies the evidence to your current capacity, and enters an order restoring all rights, restoring some rights (limited guardianship), or keeping/modifying the guardianship.
• Follow‑through: If rights are restored, the clerk updates or ends letters of guardianship; financial guardianship closes after required accountings, and you resume control of your money.

What the Statutes Say

• N.C. Gen. Stat. § 35A‑1105 (Starting a guardianship case) – Who can file and how an incompetency case begins.
• N.C. Gen. Stat. § 35A‑1111 (Multidisciplinary evaluation) – Court may order medical/psychological evaluation to assess capacity.
• N.C. Gen. Stat. § 35A‑1114 (Interim guardianship) – Temporary protection rules during emergencies (relevant background for modifications).
• N.C. Gen. Stat. § 35A‑1115 (Appeal of adjudication) – How adjudication decisions are appealed; appeal deadlines are short.

Analysis

Apply the Rule to the Facts: You can file a verified motion in the guardianship case asking the clerk to restore your rights. Your therapy attendance and medication compliance are helpful, but the clerk needs current, credible evidence of capacity—ideally a letter or evaluation from your provider(s) addressing your ability to manage personal decisions and money. The clerk will set a hearing, hear from you and the guardian, and then decide whether to fully restore your rights, restore financial rights only, or modify the plan.

Process & Timing

1. Who files: The ward. Where: Clerk of Superior Court in the North Carolina county where your guardianship file is open. What: A verified Motion in the Cause to restore rights/modify or terminate guardianship (use your existing case number; many clerks accept a plain‑language verified motion). When: Any time there is a material change in capacity; no waiting period.
2. The clerk issues notice and schedules a hearing. Expect a few weeks lead time, though timing varies by county. The clerk may order a multidisciplinary evaluation if more information is needed.
3. After the hearing, the clerk enters an order. If rights are restored (fully or partially), the clerk updates or revokes letters of guardianship. For financial cases, the guardian files a final account and releases control of funds consistent with the order.

Exceptions & Pitfalls

• If evidence of capacity is thin or outdated, the clerk may deny restoration or restore only some rights; get clear, current provider opinions that address decision‑making for health, housing, and money.
• Public guardians and facilities must receive proper notice; incomplete service can delay your hearing.
• Even if financial rights are restored, separate federal processes (like Social Security representative payee) may require additional steps to return direct payment to you.
• If only some rights are restored, read the order carefully; stick to the boundaries to avoid future issues.

Talk to a Guardianship Attorney

If you’re seeking to restore some or all of your rights after a 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.