Filing a Motion in the Cause to Appoint a Successor Guardian in North Carolina
1. Detailed Answer
A motion in the cause allows you to ask the court that handled the original guardianship case to name a new guardian when the current guardian can no longer serve. North Carolina law, under N.C. Gen. Stat. § 35A-1261, gives the clerk of superior court authority to appoint a successor guardian on proper motion and notice.
Step 1: Prepare the Motion
• Retrieve the original guardianship file number from the clerk’s office in the county where the initial appointment took place.
• Draft a document titled “Motion in the Cause to Appoint a Successor Guardian.”
• State why you request a successor guardian—examples include resignation, incapacity, relocation, or death of the present guardian.
• Attach a copy of the current letters of guardianship as an exhibit.
Step 2: File and Serve the Motion
• File the original motion with the clerk of superior court in the same county that issued the initial guardianship order.
• Pay any required filing fee or request a fee waiver if permitted by the clerk.
• Serve a copy on all interested persons under N.C. Gen. Stat. § 35A-1221. This list may include the ward (if able), close family members, a current guardian ad litem, and any person who has requested notice in writing.
• File an affidavit of service or certificate of mailing with the court.
Step 3: Attend the Hearing
• The clerk will schedule a hearing date and notify all parties.
• Present evidence or statements supporting your request for a new guardian. You can call witnesses or offer affidavits showing why the successor guardian is necessary.
• If the clerk finds good cause, the court will enter an order appointing the successor guardian and issue new letters.
2. Key Steps at a Glance
- Identify the original guardianship case and file number.
- Draft and title your motion clearly.
- Attach current guardianship letters and supporting documents.
- File the motion with the clerk of superior court in North Carolina.
- Serve all interested persons as defined by statute.
- File proof of service promptly.
- Appear at the scheduled hearing with evidence.
- Obtain a court order and new letters of guardianship.
Properly filing a motion in the cause to appoint a successor guardian ensures that the ward continues to receive care and oversight without interruption. The process follows clear statutory steps and timeframes under North Carolina law. Failing to provide notice or omitting required documents can delay your request or lead the court to deny the motion.
If you have questions or need guidance through every step, Pierce Law Group has experienced attorneys ready to help. Contact us at intake@piercelaw.com or call us at (919) 341-7055 for a consultation today.
