Short Answer

In North Carolina, you ask the Clerk of Superior Court to restore your rights by filing a verified Motion in the Cause for Restoration to Competency in your existing guardianship case. You must give notice, attend a hearing, and present evidence that you can now manage your personal affairs. The finder of fact (the clerk or, if you request it, a six‑person jury) decides by a preponderance of the evidence. If restored, the guardianship ends and your rights return.

Understanding the Problem

In North Carolina, can an adult ward ask the Clerk of Superior Court to restore their rights and end a guardianship? You are an adult under a court‑ordered guardianship and now have a hearing scheduled to regain control over your personal affairs. The single question is how to take the right steps so the clerk can consider restoration at that hearing.

Apply the Law

North Carolina law lets the ward, the guardian, or any interested person ask the Clerk of Superior Court to restore the ward’s competency. You file a verified motion in the same guardianship file, provide notice, and the clerk holds a hearing. The ward is entitled to an attorney or a guardian ad litem, and the clerk may order a current evaluation. The standard is preponderance of the evidence, and only the ward (or the ward’s lawyer or guardian ad litem) may request a six‑person jury. If fully restored, the guardianship terminates; if not fully restored, the clerk can modify it to a more limited form.

Key Requirements

• File the right motion: Use a verified Motion in the Cause for Restoration to Competency in the existing guardianship case with the Clerk of Superior Court.
• Notice and representation: Give required notice; the ward has the right to counsel or a guardian ad litem, and the clerk can require an updated evaluation.
• Burden and standard: Show by a preponderance of the evidence that the ward can manage personal affairs; only the ward (or their counsel/GAL) can demand a six‑person jury.
• Forum and outcome: Hearing is before the Clerk of Superior Court where the guardianship is docketed; the result may be full restoration (ending the guardianship) or modification to a limited guardianship.
• Post‑order steps: If restored, the clerk sends the order to DMV; the guardian completes any required final accounting until discharged.

What the Statutes Say

• North Carolina Gen. Stat. § 35A-1130 (Restoration to competency) – Lets the ward or others seek restoration; sets hearing, representation, jury, and standard.
• North Carolina Gen. Stat. § 35A-1203 (Clerk’s jurisdiction) – Gives the clerk original jurisdiction over guardianship matters.
• North Carolina Gen. Stat. § 35A-1207 (Motion in the cause) – Allows modification of a guardianship if full restoration is not warranted.
• North Carolina Gen. Stat. § 35A-1295 (Termination of guardianship) – Guardianship ends when the ward is restored to competency.

Analysis

Apply the Rule to the Facts: You are already in a North Carolina adult guardianship and have a hearing to restore your rights. File a verified restoration motion in the same case and be ready to present current, credible evidence of your capacity to manage personal decisions. At the hearing, the clerk (or a six‑person jury if you request it) will decide by a preponderance of the evidence whether to restore you; if full restoration is not shown, the clerk can reduce or tailor the guardianship instead.

Process & Timing

1. Who files: The ward (you), the guardian, or any interested person. Where: Clerk of Superior Court in the North Carolina county where the guardianship is docketed. What: A verified Motion in the Cause for Restoration to Competency (AOC‑SP‑215) and Notice of Hearing/possible GAL order (AOC‑SP‑216). When: No waiting period; file as soon as your evidence is ready. The clerk sets the hearing; timing varies by county.
2. Serve required parties with the motion and hearing notice. The clerk may appoint counsel or a guardian ad litem for the ward and may order a current medical or multidisciplinary evaluation. Use admissible, up‑to‑date evidence (treaters, records, daily‑functioning proof).
3. Attend the hearing before the clerk. Only the ward (or the ward’s counsel/GAL) may request a six‑person jury, typically before evidence starts. If restored, the clerk enters an order returning your rights, notifies DMV, and the guardian completes any required final accounting.

Exceptions & Pitfalls

• If full restoration is not proven, the clerk can modify to a limited guardianship instead of ending it.
• Don’t forget verification: restoration motions must be verified; use the correct AOC forms.
• Unsworn medical letters may be excluded if contested; bring admissible proof or live testimony.
• Only the ward (or the ward’s counsel/GAL) can demand a six‑person jury; a different moving party cannot.
• Serve all required parties and follow clerk instructions; service or notice defects can delay the hearing.

Talk to a Guardianship Attorney

If you’re seeking to restore your rights from a North Carolina guardianship, our firm can help you prepare the right filings, assemble strong evidence, and navigate your hearing. Contact 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.