Detailed Answer

If someone appointed a guardian to manage your personal or financial affairs, you can ask the court to end (terminate) that guardianship and give you back those rights. North Carolina law sets out a clear process in Chapter 35A of the General Statutes.

1. Meet the Eligibility Requirements

Under G.S. 35A-1264, you may petition the court if you believe:

• Your condition has improved and you can make your own decisions.
• You no longer need someone else to handle your personal care or finances.
• The original grounds for guardianship no longer apply.

2. File a Petition to Terminate the Guardianship

Prepare and file a form called a Petition for Termination of Guardianship in the clerk’s office of the county where the guardianship was established. Include:

• Your name and contact information.
• The guardian’s name.
• A statement explaining why you no longer need a guardian.
• Any supporting medical or financial documents.

3. Serve Notice on Interested Parties

After filing, you must notify:

• Your current guardian.
• Close family members (spouse, adult children, parents, or siblings).
• Any other parties the court designates.

4. Attend the Court Hearing

The court sets a hearing date. At that hearing, you’ll present evidence—medical reports, testimony from professionals, or proof of financial self-sufficiency—to show you can manage your affairs. The judge may appoint an attorney to represent you and a guardian ad litem to investigate your capacity.

5. Obtain the Court Order

If the judge finds that you regain capacity, the court issues an order terminating the guardianship and restoring all your rights. This document ends the guardian’s authority and returns decision-making power to you.

Key Steps at a Glance

• Confirm you meet the statutory ground for termination (G.S. 35A-1201 defines capacity).
• Prepare and file the Petition for Termination (G.S. 35A-1264).
• Serve notice to the guardian and close family.
• Gather medical and financial evidence supporting your capacity.
• Attend the hearing and present your case.
• Obtain the judge’s order ending the guardianship.

Contact Pierce Law Group for Help

Restoring your rights can feel overwhelming. At Pierce Law Group, our attorneys bring years of experience guiding clients through the guardianship termination process. We’ll help you prepare your petition, gather evidence, and represent you at the hearing.

Ready to take the next step? Email us at intake@piercelaw.com or call us at (919) 341-7055.