Short Answer

In North Carolina, you can ask the Clerk of Superior Court to terminate (restore your competency) or modify a guardianship if you can show you now have the capacity to make your own decisions or need fewer restrictions. You do this by filing a verified motion or petition in the existing guardianship case. The clerk can order evaluations, hold a hearing, and either restore all rights, scale back to a limited guardianship, or deny the request.

Understanding the Problem

Can I ask a North Carolina Clerk of Superior Court to end or reduce my adult guardianship so I regain control over my personal affairs? You’ve been under a guardianship that was supposed to be temporary and you are now awaiting a restoration hearing.

Apply the Law

Under North Carolina law, the clerk who oversees guardianships can revisit earlier incompetency and guardianship orders. A ward (or someone acting on the ward’s behalf) may request restoration of rights or a change from a general or person/estate guardianship to a limited guardianship that preserves as many rights as the ward can safely exercise. The clerk may order a multidisciplinary evaluation, receive medical and functional evidence, and must tailor any ongoing guardianship to the least restrictive level needed. Proceedings occur before the Clerk of Superior Court in the county where the guardianship is pending.

Key Requirements

• Who may file: The ward or any interested person can file a verified motion or petition in the existing guardianship case.
• What you must show: Evidence that capacity has improved so the person can manage personal/financial decisions, or that the current order is more restrictive than necessary.
• Where it’s heard: Clerk of Superior Court (guardianship file) in the county where the guardianship was established or transferred.
• Evidence the clerk may require: Recent medical opinions, functional assessments, and, if ordered, a multidisciplinary evaluation addressing decision-making abilities.
• Possible outcomes: Full restoration (guardianship terminated), modification to limited guardianship, or denial if evidence is insufficient.

What the Statutes Say

• North Carolina Gen. Stat. Chapter 35A (Guardianship) – Governs incompetency, appointment, powers, restoration, and modification.
• North Carolina Gen. Stat. Chapter 35B (Adult Guardianship Jurisdiction) – Addresses interstate jurisdiction, recognition, and transfers.
• North Carolina Gen. Stat. Chapter 7A (Courts) – Includes clerk authority and mediation provisions used in matters before the clerk.

Analysis

Apply the Rule to the Facts: You are already set for a restoration hearing. To end or reduce the guardianship, you (or your advocate) should present current medical and functional evidence showing you can make and communicate important decisions. The clerk will consider whether a full restoration is warranted or, if not, whether a limited guardianship can safely return specific rights while maintaining protection where still needed.

Process & Timing

1. Who files: The ward or an interested person. Where: File in the existing guardianship file with the Clerk of Superior Court in the North Carolina county where the case is pending. What: A verified motion or petition to restore rights or to modify the guardianship (many counties do not have a specific AOC form for restoration; a verified filing is typically used). When: You may file at any time once capacity has improved; the hearing date and pace vary by county.
2. The clerk issues notice to the guardian and required next of kin, may appoint a guardian ad litem if needed, and can order a multidisciplinary evaluation. Hearings are often scheduled within weeks, but timing can vary by county workload.
3. At the hearing, the clerk receives medical and lay testimony, decides whether to restore rights fully, modify to a limited guardianship, or leave the current order in place. If restored, the clerk enters an order terminating the guardianship and returns decision-making rights to the ward.

Exceptions & Pitfalls

• Out-of-state orders: If the guardianship was created elsewhere, jurisdiction and transfer issues under North Carolina’s adult guardianship jurisdiction law may need to be addressed before restoration.
• Evidence gaps: Lack of recent, specific medical and functional evidence can sink a restoration request. Obtain updated evaluations that speak to decision-making abilities.
• Limited vs. full restoration: If full restoration is not supported, propose a carefully tailored limited guardianship that returns specific rights you can safely exercise.
• Notice and service: Ensure all required parties are properly noticed; defective notice can delay your hearing.
• Appeals are time-sensitive: If you disagree with the order, appeal deadlines are short and procedures vary by the type of order; consult counsel quickly.

Talk to a Guardianship Attorney

If you’re seeking to restore rights or modify a North Carolina guardianship, our firm has experienced attorneys who can help you understand your options and timelines. Call us today to schedule a consultation.

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.