Short Answer

Yes—under North Carolina law you can usually withdraw a guardianship petition you filed, but timing matters. If no hearing on an interim guardian has been held, you may typically file a voluntary dismissal. After an interim-guardian motion has been heard, you need the Clerk of Superior Court’s permission to dismiss, and the court may continue the case if protection is still needed.

Understanding the Problem

You filed a North Carolina guardianship case for your spouse and want to know if you can take it back. The core decision: can the original petitioner (you) dismiss a pending incompetency/guardianship proceeding after a guardian ad litem has been appointed? You’re in the Clerk of Superior Court, and the timing of any interim-guardian hearing controls whether you can dismiss on your own or need the court’s approval.

Apply the Law

North Carolina guardianship cases begin as special proceedings before the Clerk of Superior Court. A petitioner can generally dismiss before key protective steps occur. But once an interim-guardian motion is heard, the clerk’s protective role increases, and the petitioner cannot end the case unilaterally. A guardian ad litem (GAL) is appointed to represent the respondent’s interests and participates at all stages. The clerk must tailor any guardianship to the least restrictive option and may limit it to financial matters if health-care decisions are already covered by a health care power of attorney.

Key Requirements

• Pre‑interim hearing dismissal: If no motion for interim guardian has been heard, you can usually file a voluntary dismissal to end the case.
• Post‑interim hearing limitation: After a motion for interim guardian is heard, you must seek court permission to dismiss; the clerk may deny dismissal if protection is still necessary.
• GAL involvement: Once a GAL is appointed, the GAL represents the respondent’s wishes and may be heard on any dismissal request.
• Least restrictive alternative: If finances are the only concern, the clerk can consider a limited guardianship of the estate rather than a full guardianship.
• Forum and timing: All proceedings occur before the Clerk of Superior Court in the county where the case is filed; interim guardianships run up to 45 days (extendable once for good cause).

What the Statutes Say

• North Carolina Gen. Stat. § 35A-1114 (Interim guardians) – Allows interim guardians for emergencies; limits a petitioner’s ability to dismiss after an interim-guardian motion is heard.
• North Carolina Gen. Stat. § 35A-1105 (Filing the petition) – Any person may file a verified incompetency petition with the clerk.
• North Carolina Gen. Stat. § 35A-1107 (Guardian ad litem) – Requires appointment of an attorney GAL to represent the respondent at all stages.
• North Carolina Gen. Stat. § 35A-1112 (Hearing and burden of proof) – Sets the hearing process; if the petitioner does not meet the burden, the petition is dismissed.

Analysis

Apply the Rule to the Facts: You filed for guardianship to access your spouse’s finances; a GAL has been appointed. If no interim-guardian motion has been heard, you can generally file a voluntary dismissal. If an interim motion has already been heard, you must ask the clerk to dismiss; the court can keep the case moving if financial protection is still needed. Because your spouse already has a health care power of attorney, the clerk can consider a limited guardianship of the estate to address retirement-account access without imposing broader limits.

Process & Timing

1. Who files: The petitioner. Where: Clerk of Superior Court in the county where your guardianship case is pending. What: If no interim-guardian motion has been heard, file a written notice of voluntary dismissal; if one has been heard, file a motion to dismiss and request a hearing. Include service on the GAL and any required interested persons. When: File the notice before any interim-guardian hearing to dismiss unilaterally; otherwise, expect the clerk to calendar your motion.
2. The clerk reviews your filing. If a motion is required, the clerk hears from you, the GAL, and any interested persons. Timeframes vary by county; interim matters are often handled quickly.
3. Final step: The clerk enters an order. If dismissed, the case closes and any interim orders end. If not dismissed, the case proceeds to hearing; you can narrow relief (for example, request limited guardianship of the estate). Forms commonly used in these cases include AOC‑SP‑200 (petition), AOC‑SP‑201 (notice of hearing), and AOC‑SP‑202 (order on adjudication).

Exceptions & Pitfalls

• If an interim-guardian motion has been heard, the clerk can deny dismissal if protection is still needed; the GAL’s position will matter.
• Having a health care power of attorney does not unlock financial accounts. If funds are the issue, consider limited guardianship of the estate instead of a full guardianship.
• County practices vary. Serve the GAL and follow local calendaring instructions to avoid delays.
• If you dismiss and later refile, you must restart service and notice; interim safeguards will lapse when a case is dismissed.

Talk to a Guardianship Attorney

If you’re dealing with whether to dismiss a pending North Carolina guardianship case for your spouse, 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.