What is the process for appealing a guardianship decision?

In North Carolina, any party involved in a guardianship may appeal the decision of the county court to the district court. To do this, the appealing party must file a written notice of appeal and a fee of $150 at the county courthouse’s clerk’s office. The notice must include the names of all parties involved in the original guardianship action and the date the decision was made. Once the appeal is filed, the county clerk will set a hearing date and provide the parties with a copy of the appeal. The parties can then choose to be represented by an attorney or appear without one. During the hearing, the parties may present arguments, evidence, and witnesses in support of their position. After the hearing, the district court will make a decision based on the evidence presented. The decision of the district court is final, although either party may then appeal the decision to the Court of Appeals. However, the Court of Appeals generally only hears appeals if the district court has made a legal error or misinterpretation of the law.

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