Short Answer

In North Carolina, you take over an existing guardianship by asking the Clerk of Superior Court to replace the current guardian and appoint you as the successor. This can happen by the current guardian’s resignation or by removal for cause. The Clerk will require notice and a hearing, a final accounting and asset handoff from the outgoing guardian, and your qualification (oath and, if an estate is involved, a bond) before issuing new Letters of Guardianship.

Understanding the Problem

You want to know how you can become the new guardian in an existing North Carolina case in your city. The single decision point is whether the case will proceed as a voluntary resignation by the current guardian or as a removal for cause, both handled by the Clerk of Superior Court, who then decides whether to appoint you as successor.

Apply the Law

North Carolina law lets the Clerk of Superior Court change a guardian in an existing file without re-doing the original incompetency determination. Replacement happens either because the current guardian resigns or is removed for cause. The Clerk conducts a noticed hearing, requires the outgoing guardian to account and deliver assets, and, if a successor is warranted, appoints and qualifies the new guardian. If the guardianship covers property (guardian of the estate or general guardian), the successor must post bond in an amount set by the Clerk before taking control of assets. Venue can be moved to another county if it better serves the ward, but the appointment typically occurs in the county where the case is on file.

Key Requirements

• Ground to change the guardian: Resignation by the current guardian or removal for cause (e.g., failure to perform duties, conflict, or other best‑interest concerns).
• Notice and hearing: The Clerk sets a hearing after proper notice to the ward and other interested parties.
• Final accounting and transfer: The outgoing guardian must file a final account and deliver all records and property before being discharged.
• Successor appointment: The Clerk decides whether appointing you serves the ward’s best interests and issues an order naming you as successor.
• Qualification: You must take an oath and, if there are assets, post bond in an amount the Clerk approves before Letters of Guardianship are issued.
• No new incompetency ruling: The prior adjudication remains valid unless the court modifies or restores rights.

What the Statutes Say

• North Carolina Gen. Stat. Chapter 35A (Guardianship) – Framework for appointment, duties, bond, accounting, resignation/removal, and successor guardians.
• N.C. Judicial Branch: Guardianship Overview – Official court information on guardianship types, roles, and process.
• N.C. AOC Guardianship Forms – State court forms for petitions, orders, qualification, bonds, and accountings.

Analysis

Apply the Rule to the Facts: Because you want to take over an existing case in your city, start in the same guardianship file at the Clerk of Superior Court. If the current guardian will cooperate, the cleaner path is a resignation paired with your appointment as successor at the same hearing. If not, you can seek removal for cause and ask the Clerk to appoint you. If the guardianship includes assets, be prepared to qualify promptly with an oath and acceptable bond so Letters can issue after the outgoing guardian files a final account and transfers property.

Process & Timing

1. Who files: You (or another interested party). Where: Clerk of Superior Court in the county where the guardianship is pending. What: Petition or motion to accept resignation and appoint a successor, or motion to remove and appoint a successor; proposed order; and, if assets are involved, bond paperwork using AOC guardianship forms posted on the N.C. Courts website. When: File as soon as you are ready; the Clerk will set a hearing date and deadlines for notice and any accountings.
2. Hearing: The Clerk holds a noticed hearing, can take testimony and documents, and will decide whether to accept a resignation or remove the guardian, and whether appointing you serves the ward’s best interests. If removal grounds are alleged, be ready with clear facts and records.
3. Qualification and orders: If appointed, you must take an oath and, for guardianships involving assets, post bond in the amount set by the Clerk. The outgoing guardian submits a final account and delivers assets and records. The Clerk issues new Letters of Guardianship to you and discharges the prior guardian after the handoff is complete.

Exceptions & Pitfalls

• Emergency needs: If the ward faces immediate risk (health or assets), ask the Clerk for interim or emergency relief so protections are in place while the change is pending.
• Venue changes: If the ward moved to another county, request a transfer of the file; the Clerk may move venue if it better serves the ward, but appointment typically happens where the case is pending.
• Bond issues: If assets increased or are hard to value, the Clerk can set or increase bond before you receive control; line up a surety early.
• Accounting traps: The outgoing guardian’s discharge usually waits on a complete final accounting and asset delivery; missing records can delay your Letters.
• Scope of authority: If the existing order is limited (e.g., guardian of the person only), ask the Clerk to modify the scope if a change in duties is needed; do not assume control over property without authority.

Talk to a Guardianship Attorney

If you’re dealing with replacing a current guardian and becoming the successor, 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.