Short Answer

In North Carolina, an adult under guardianship can ask the Clerk of Superior Court to restore their rights by showing they are no longer incompetent. The court looks for recent, credible proof of decision-making ability, such as medical or psychological evaluations, treatment records, and real-world evidence that you can manage personal affairs safely. After a hearing, the clerk may end the guardianship or tailor it to be more limited.

Understanding the Problem

You want to know what proof you should bring to a North Carolina guardianship restoration hearing so you can regain control over personal decisions. You are the ward (the person under guardianship), and you are seeking restoration of rights from the Clerk of Superior Court. Your case has been ongoing for years and a hearing is now scheduled.

Apply the Law

Under North Carolina law, the clerk may restore a ward’s rights if the evidence shows the person no longer meets the legal definition of incompetency. The hearing is held before the Clerk of Superior Court. The practical focus is on current capacity: whether you can understand information, make and communicate choices, and carry out personal affairs with or without appropriate supports. Courts often weigh medical/psychological evaluations alongside concrete, day-to-day proof (housing, work, finances, health management). If full restoration is not supported, the clerk can consider a more limited guardianship or other less restrictive options.

Key Requirements

• Current capacity evidence: Recent evaluations from a licensed physician or psychologist addressing your decision-making abilities.
• Functional proof: Documents showing you handle daily life (e.g., housing stability, employment or schooling, appointments kept, medications managed).
• Supports in place: Less restrictive alternatives or safeguards (e.g., powers of attorney, supported decision-making, representative payee) that make full guardianship unnecessary.
• Hearing before the clerk: You, your guardian, and other interested persons receive notice and may present testimony and records.
• Written order: The clerk’s decision must rest on findings of fact and law; the order may terminate or modify guardianship.

What the Statutes Say

• N.C. Gen. Stat. Chapter 35A (Guardianship) – Framework for incompetency, guardianship, modification, and restoration.
• N.C. Gen. Stat. § 35A-1101 (Definitions) – Defines “incompetent adult” and guides what must change for restoration.
• N.C. Gen. Stat. § 35A-1130 (Restoration to competency) – Petition and hearing to restore rights when the person no longer meets the standard for incompetency.
• N.C. Gen. Stat. § 7A-38.3B (Mediation before the Clerk) – Allows mediation in contested matters before the clerk, including guardianship issues.

Analysis

Apply the Rule to the Facts: You have a scheduled restoration hearing after years under guardianship. To meet the standard, bring a recent professional evaluation that explains your current decision-making capacity. Add concrete proof that you manage personal affairs (for example, lease or housing letters, therapy or medication adherence records, appointment logs, and references from providers). If full restoration is not supported, propose specific supports that make a limited guardianship sufficient.

Process & Timing

1. Who files: The ward (you), the guardian, or another interested person. Where: Clerk of Superior Court in the North Carolina county where the guardianship file is kept. What: North Carolina AOC guardianship forms posted on nccourts.gov (Petition to Restore Rights and proposed Order on Restoration), plus your supporting evidence. When: File when you have current documentation; the clerk sets a hearing date and provides notice.
2. Prepare for the hearing: exchange or subpoena records; the clerk may accept affidavits and testimony. Expect the North Carolina Rules of Evidence to apply. Some clerks request evaluations completed within the last several months; timelines can vary by county.
3. Hearing and order: you and witnesses testify; the clerk issues a written order restoring rights (ending guardianship), modifying it (limited guardianship), or denying relief. If a guardian of the estate is involved, the clerk may require a final account before closing.

Exceptions & Pitfalls

• Insufficient or outdated evaluations: provide recent, detailed assessments from qualified professionals.
• All-or-nothing framing: if full restoration is not supported, request a limited guardianship with clear supports instead of a denial.
• Notice and service issues: make sure the guardian and other required parties receive proper notice so the hearing can proceed.
• Contested cases: the clerk can order mediation in suitable matters; be prepared to present focused, credible evidence at hearing.

Talk to a Guardianship Attorney

If you’re seeking to restore your rights from a North Carolina guardianship, our firm can help you understand the evidence you need and the steps at the Clerk’s office. Call us today.

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.