Short Answer

In North Carolina, you can ask the Clerk of Superior Court to remove a guardian of the estate if you prove grounds such as mismanagement, breach of duty, or unsuitability. You file an estate proceeding in the same guardianship file, give notice, and attend a hearing where the clerk decides. If you mainly want your rights back, you can also seek modification of the guardianship or restoration of your financial rights. Appeals of the clerk’s order must be filed quickly.

Understanding the Problem

You are the ward in a North Carolina guardianship. You want to know if you can remove your relative who serves as your financial guardian (guardian of the estate) after the guardian restricted spending and froze transactions. The guardianship order is less than a year old. You would like access to funds the guardian controls to make purchases.

Apply the Law

Under North Carolina law, the Clerk of Superior Court supervises guardianships. The clerk may remove a guardian of the estate for statutory grounds (for example, wasting or mismanaging assets, violating fiduciary duties, failing to account, or being otherwise unsuitable). Guardians of the estate owe duties of prudence and loyalty and must account; they can restrict spending if needed to protect the ward’s estate. Some actions—like gifting money, spending principal, or large sales—require court approval. You do not have to wait any minimum time after appointment to seek removal. Orders by the clerk may be appealed on a short deadline.

Key Requirements

• Standing: A ward or any interested person may file an estate proceeding asking the clerk to remove the guardian of the estate.
• Grounds: Show mismanagement, breach of fiduciary duty, failure to file required inventories/accounts, conflict of interest, or that the guardian is unsuitable to continue.
• Evidence: Use bank records, accountings, receipts, letters, and witness testimony; lack of required filings or improper transactions is significant.
• Forum and procedure: File in the Clerk of Superior Court (the county that adjudicated incompetence unless transferred), serve parties, and attend a noticed hearing.
• Relief spectrum: The clerk can remove or suspend the guardian, modify to a limited guardianship, require a budget/bond, or order restoration of rights if capacity is shown.
• Appeal: If aggrieved by the clerk’s order, you have a short window to appeal to Superior Court.

What the Statutes Say

• North Carolina Gen. Stat. § 35A-1290 (Removal of guardian) – Grounds and authority for removing a guardian of the estate.
• North Carolina Gen. Stat. § 28A-2-6 (Estate proceedings procedure) – How to start and conduct estate proceedings before the clerk (used for post-appointment guardianship matters).
• North Carolina Gen. Stat. § 1-301.3 (Appeals from clerk) – 10-day notice of appeal and review process for orders entered by the clerk.
• North Carolina Gen. Stat. § 35A-1251 (Powers of guardian of the estate) – Defines financial powers and limits; certain actions require court approval.

Analysis

Apply the Rule to the Facts: Your guardian restricted spending and froze transactions; a guardian may do this to protect assets and comply with duties. Buying gift cards for a friend in another jurisdiction is a gift and typically not permitted without court approval and a showing it benefits you. Unless you can show mismanagement, breach, conflicts, or failure to account, removal may be denied. If you can handle finances, you can seek to restore rights or narrow the guardianship and propose a reasonable budget.

Process & Timing

1. Who files: You (the ward) or another interested person. Where: Clerk of Superior Court in the county that issued the guardianship. What: A verified estate proceeding petition asking to remove the guardian of the estate (and any interim relief, like suspension or a spending order). When: Any time; after service, respondents generally have 20 days to respond before a hearing is noticed.
2. The clerk sets a hearing. Bring evidence (bank records, accountings, correspondence, medical updates). You may also ask to modify to a limited guardianship or for a court-approved budget for specific spending while the case is pending.
3. The clerk issues a written order: removal (and appointment of a successor), suspension with conditions, modification, or denial. If removed, the former guardian must account and turn over assets. You may appeal the order to Superior Court.

Exceptions & Pitfalls

• Removal usually requires proof of misconduct, unsuitability, or failure to account; mere disagreement over tight spending controls is not enough.
• Gifts (like buying gift cards for others) and spending principal typically require court approval; asking a guardian to approve them may be denied without removal.
• Consider a targeted request first: a modified budget, specific spending authorization, or partial restoration of rights, which can be faster than removal.
• Serve all required parties and follow estate-proceeding procedures; improper service can delay or derail your case.
• If the guardian has not filed required inventories or accounts, ask the clerk to compel them; noncompliance supports suspension or removal.

Talk to a Guardianship Attorney

If you’re dealing with a contested financial guardianship or need to change who controls your funds, 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.