Detailed Answer

When someone appointed as guardian can no longer serve, a successor guardian steps in. North Carolina law lets interested parties ask the court to appoint a successor. You must file a petition, submit supporting evidence and use the correct court forms.

Statutory Authority

North Carolina General Statute § 35A-1221 lays out the petition process for a successor guardian. You can read the full statute here: NCGS § 35A-1221.

Who May File

You or another interested person may file. Typical petitioners include:

• Family members
• Current guardian (if they anticipate incapacity)
• A public or private agency caring for the ward

Evidence You Need

Evidence must show why a new guardian is necessary and who qualifies to serve. You should gather:

• Copy of the letters of guardianship for the current guardian (filed when they were appointed).
• Certified death certificate or medical report if the guardian died or became incapacitated.
• Doctor’s statement confirming the guardian’s incapacity, if health is the issue.
• Consent from the ward if they understand and agree to a new guardian.
• Verification that the proposed successor is over age 18, mentally fit, and not disqualified by law.

Required Court Forms

You file these documents at the clerk’s office in the county where the ward lives:

• Petition for Appointment of Successor Guardian. Available from the North Carolina Administrative Office of the Courts (NC AOC).
• Notice of Hearing form. Sets the date for a court hearing.
• Order Appointing Successor Guardian. The judge signs this if they approve your petition.
• Letters of Appointment as Successor Guardian. Official document granting authority once the judge signs the order. See NCGS § 35A-1219: NCGS § 35A-1219.
• Confidential Information Form (if the ward is a minor). This protects personal data.

Filing Steps

1. Prepare the petition and attach proof of the prior guardian’s death or incapacity.
2. Complete all AOC forms and attach required documents.
3. File the packet at the clerk’s office and pay any filing fee.
4. Serve notice to relatives and interested parties at least ten days before the hearing.
5. Attend the hearing with your evidence and proposed successor guardian present.

Quick Reference List

• Letters of Guardianship from the original appointment
• Certified death certificate or medical proof of incapacity
• Doctor’s statement (if health-related)
• Ward’s consent (if capable)
• Petition for Appointment of Successor Guardian (NC AOC form)
• Notice of Hearing form
• Order Appointing Successor Guardian
• Letters of Appointment as Successor Guardian
• Confidential Information Form for minors

Next Steps

Appointing a successor guardian requires careful attention to North Carolina law and court rules. Pierce Law Group’s attorneys guide you through every step. Contact us today to discuss your case and avoid delays in your petition.

Email us at intake@piercelaw.com or call (919) 341-7055.