Can a guardianship be modified once it is established?
Yes, guardianships can be modified once they are established in North Carolina. The process of modifying a guardianship is known as a guardianship modification. Modifications occur when an existing guardianship requires a change in order to better serve the individual’s current needs. Modifications may be requested by the guardian, the individual in need of guardianship, or any other interested parties. The process of modifying a guardianship in North Carolina requires the filing of a petition in the county’s clerk of court. This petition will outline the changes that are being requested and the reason for those changes. North Carolina’s Guardianship Law, Article 20 from Chapter 35A of the General Statutes, outlines the different types of modifications that may be requested. The court reviews the petition and decides if a modification is necessary and if it would be in the best interest of the individual in need of guardianship. If the court decides that the modification is in the individual’s best interest, the modification will then be granted. However, if the court does not believe the modification is in the individual’s best interest, it can deny the petition. Once a guardianship modification is granted or denied, the decision can be appealed. An appeal must be filed with the court that issued the original guardianship. The appeal must be filed within 30 days from the date of the court’s decision. Once the appeal is filed, it will be up to a higher court to decide if the modification should be granted or denied.
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