What steps do I take to review the guardian ad litem’s evaluation report in my case? – North Carolina

Short Answer

In North Carolina adult guardianship cases, the guardian ad litem (GAL) is an attorney for the respondent and typically does not file a separate “evaluation report.” Start by reviewing your guardianship court files with the Clerk of Superior Court to see what reports (if any) are in the record, including any multidisciplinary evaluation (MDE). If a report exists but access is restricted, you can file a motion asking the clerk to allow you to review it, sometimes under a protective order. If you seek full restoration, file a verified motion for restoration and request access to any evaluations in that case.

Understanding the Problem

You are an adult under a North Carolina guardianship who wants to review the guardian ad litem’s evaluation report and pursue full restoration of legal capacity. The decision point is: as the ward, how can you see what the court relied on (for example, any GAL filings or court-ordered evaluations) and use that information while seeking restoration?

Apply the Law

In North Carolina, the GAL in an adult incompetency proceeding is an attorney appointed to represent the respondent. The court may also order a multidisciplinary evaluation (MDE). Guardianship records are maintained by the Clerk of Superior Court; parties typically may inspect the file unless specific items are sealed or restricted. If access is limited, you can move the clerk for an order allowing inspection or controlled disclosure. To regain rights, a ward may file a verified motion for restoration, and the court may consider evaluations at that hearing.

Key Requirements

• Confirm what you need: Determine whether you seek a GAL filing, an MDE, or other records in the guardianship files.
• Check both files: Review the special proceeding file (adjudication) and the estates/guardianship file (appointment and ongoing administration) at the Clerk of Superior Court.
• Ask for access if restricted: If a report is sealed or withheld, file a motion in the cause requesting permission to inspect or a protective order allowing review.
• Use proper process: Serve required parties and comply with the clerk’s procedures; discovery can be limited by protective orders to safeguard sensitive information.
• Restoration path: File a verified motion for restoration; you (or your lawyer/GAL) may request a jury, and failure to request can waive that right.

What the Statutes Say

• N.C. Gen. Stat. § 35A-1107 (Guardian ad litem for respondent) – Respondent is represented by counsel or a court‑appointed GAL attorney.
• N.C. Gen. Stat. § 35A-1111 (Multidisciplinary evaluation) – Court may order an MDE and consider it in guardianship decisions.
• N.C. Gen. Stat. § 35A-1207 (Motions in the cause; emergencies) – Any interested person or the clerk may seek modification or other relief; emergency orders are allowed.
• N.C. Gen. Stat. § 35A-1130 (Restoration to competency) – Ward may move for restoration; jury of six available at the ward’s request.

Analysis

Apply the Rule to the Facts: Because you are the ward in a North Carolina guardianship that was recently modified, first review the court files with the Clerk of Superior Court to see if an MDE or any GAL filings were made. If the GAL did not file a separate report (common in adult cases) but an MDE exists, ask to inspect it; if access is limited, move for an order allowing review under appropriate protections. To pursue full restoration, file a verified motion for restoration and, within that case, request access to any evaluations the court relied on.

Process & Timing

1. Who files: The ward (you) or your attorney. Where: Clerk of Superior Court (Estates/Guardianship Division) in the county where the guardianship is docketed. What: Request to inspect the special proceeding file and the guardianship (estates) file; if needed, file a motion in the cause for access (you may use AOC-E-415 for modification-related motions) or include an access request within a verified restoration motion (AOC-SP-215; also prepare AOC-SP-216 for notice). When: As soon as you are ready; hearings are set by the clerk after notice.
2. If any report is sealed or sensitive, ask the clerk for a protective order permitting your review and limiting further disclosure. Expect a brief hearing; timelines can vary by county.
3. For restoration, serve required parties, decide whether to request a jury of six, and prepare for the hearing. If granted, the clerk enters an order restoring competency and updates court records accordingly.

Exceptions & Pitfalls

• Adult GALs are attorneys; there may be no stand‑alone “GAL evaluation report.” Focus on any MDE or other evaluations in the file.
• Sensitive medical information may be restricted; be ready to request a protective order rather than informal access.
• Guardianship records can span two files (special proceeding and estates); check both or you may miss key documents.
• Service and notice missteps can delay access; follow the clerk’s directions and serve all required parties.
• Use a motion for removal if you seek to change the guardian; a simple modification motion may not be the correct vehicle for that relief.

Talk to a Guardianship Attorney

If you’re dealing with a North Carolina guardianship and need access to court‑filed evaluations or want to seek restoration, 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.