You can end a guardianship by restoring your competency

You can end a guardianship by restoring your competency

On Behalf of | Apr 26, 2022 | Family Law, Incompetency & Guardianship |

In North Carolina, those concerned about your mental state could take you to court. If they can prove that you lack the testamentary capacity to act in your own best interests, the courts may agree that you cannot handle your own legal, medical, and financial matters. They will appoint a guardian to handle your affairs for you.

You will effectively lose legal authority, including the right to make decisions about your own life. Whether your incapacity was, for example, a short-term response to a chemotherapy drug or the result of a mental health issue that resolved after treatment, you may now be in a position where you want to end the guardianship and resume control over your own life. You will need to request a special hearing in court to take those steps.

How do you restore your competency in North Carolina?

The courts have the authority to evaluate statements and medical evidence about your current cognitive ability. Just as they could declare you incapacitated and grant a guardianship for your protection, they can also recognize that you have regained or improved your testamentary capacity through therapy, education, or medical treatment.

When you have evidence that your condition has improved and that you are now more capable of managing your own affairs, you can gather evidence to support your claim and request a hearing. At a restoration to competency hearing, you can present evidence ranging from your performance on standardized tests or at a job to medical test documentation and treatment records.

You could also have family members, medical professionals, or other individuals who frequently interact with you speak on your behalf about your improved ability to manage your own affairs. Provided that the court will agree with the assertion that you know can make informed decisions about your finances and health care, they may end the guardianship and restore your legal competency.

As evidenced by several high-profile guardianship cases in recent years, the path toward ending an involuntary adult guardianship can be a lengthy one. However, with determination and documentation, you can regain control over your own life. Learning more about special proceedings, like restoration to competency hearings, can help those in unique legal circumstances.