What steps do I need to take to petition the court for competency restoration? – North Carolina

Short Answer

In North Carolina, you petition for restoration by filing a verified Motion in the Cause in the existing guardianship case with the Clerk of Superior Court. The court will give notice, may appoint a guardian ad litem, and will hold a hearing. If the evidence shows by a preponderance of the evidence that you are competent, the clerk enters an order restoring your rights and the guardianship ends. A guardian of the estate must then file a final account within a set timeframe.

Understanding the Problem

You want to know how, in North Carolina, you can ask the court to restore your competency so you can regain decision-making rights in an existing guardianship. The question focuses on: you (the ward or another interested person); asking the Clerk of Superior Court to restore competency; and what steps and timing are involved to end or modify the guardianship. You previously consulted with our firm and are now seeking a clear roadmap.

Apply the Law

Under North Carolina law, a ward or any interested person can seek restoration to competency by filing a verified motion in the same guardianship file. The Clerk of Superior Court has original jurisdiction. The court will provide notice, ensure counsel or a guardian ad litem if needed, and hold a hearing. The moving party must show, by a preponderance of the evidence, that the ward is now competent. The clerk may order a multidisciplinary evaluation to inform the decision. If restored, the guardianship terminates and any guardian of the estate must close out the file with a final accounting.

Key Requirements

• Standing to file: The ward, the guardian, or any interested person may file the restoration motion.
• Verified motion in the cause: File a sworn (verified) motion in the existing guardianship case with the Clerk of Superior Court; use the current AOC forms posted by the courts.
• Notice and representation: The court provides notice; the ward is entitled to counsel or a guardian ad litem; only the ward (or their counsel/GAL) can demand a jury of six.
• Proof standard: Restoration requires proof by a preponderance of the evidence that the ward is competent; medical or psychological evidence is often key.
• Order and termination: If restored, the clerk enters an order restoring rights; the guardianship terminates, and any guardian of the estate must file a final account and be discharged.

What the Statutes Say

• North Carolina Gen. Stat. § 35A-1130 (Restoration to competency) – Allows a verified motion in the cause; sets hearing, proof, and order.
• North Carolina Gen. Stat. § 35A-1295 (Termination of guardianship) – Guardianship ends upon restoration; outlines effects.
• North Carolina Gen. Stat. § 35A-1266 (Final account upon termination) – Requires a final account within 60 days after termination.
• North Carolina Gen. Stat. § 35A-1207 (Modification of guardianship) – Procedure to reduce or expand a limited guardianship when full restoration isn’t appropriate.

Analysis

Apply the Rule to the Facts: Because you want to end or scale back a current guardianship, you can file a verified Motion in the Cause in the same guardianship file asking for restoration. You should be prepared to present up-to-date medical or psychological evidence showing you can manage your affairs and make important decisions. If full restoration looks likely, pursue § 35A-1130; if only some rights should return, a modification under § 35A-1207 may be a better fit.

Process & Timing

1. Who files: The ward or any interested person. Where: Clerk of Superior Court in the North Carolina county where the guardianship was entered. What: File a verified Motion in the Cause for Restoration to Competency (AOC-SP-215) and prepare the Notice of Hearing and Order Appointing Guardian ad Litem if needed (AOC-SP-216). When: Any time circumstances change; no waiting period applies.
2. The clerk issues notice, ensures counsel/GAL for the ward if appropriate, and schedules a hearing. The clerk may order a multidisciplinary evaluation. Some counties set hearings within a few weeks; timing varies by county.
3. At the hearing, present evidence of current capacity. If the court finds competency by a preponderance of the evidence, it enters an order restoring rights. The guardianship terminates. If there was a guardian of the estate, that guardian must file a final account within 60 days; after approval, the bond is released and the case is closed.

Exceptions & Pitfalls

• Verification is required: A restoration motion must be sworn. Unsigned or unverified filings can delay your case.
• Evidence matters: Bring recent medical or psychological evaluations; the clerk can order an independent evaluation if needed.
• Jury demand limits: Only the ward (or the ward’s counsel/GAL) can request a jury of six; a third-party movant cannot.
• Right-sized relief: If full restoration is uncertain, consider a motion to modify the guardianship instead of seeking full termination.
• Closing steps: After restoration, a guardian of the estate must promptly complete the final accounting and turn over assets to avoid compliance issues.

Talk to a Guardianship Attorney

If you’re seeking to restore competency or adjust an existing 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.