Legal Question in Wills and Trusts in North Carolina

WTF? This makes no sense. I assume from your incoherent rambling that a person was of questionable competency and someone filed a guardianship proceeding and sought to be appointed as guardian over the putative incompetent's person and/or property. It sounds like the guardian was in fact appointed and the ward has now recovered competency.

Ask for a review hearing and if competency is demonstrated then ask for the guardianship to be terminated.

20 Pa.C.S.A. � 5512.2 Review hearing

(a) Time of hearing.--The court may set a date for a review hearing in its order establishing the guardianship or hold a review hearing at any time it shall direct. The court shall conduct a review hearing promptly if the incapacitated person, guardian or any interested party petitions the court for a hearing for reason of a significant change in the person's capacity, a change in the need for guardianship services or the guardian's failure to perform his duties in accordance with the law or to act in the best interest of the incapacitated person. The court may dismiss a petition for review hearing if it determines that the petition is frivolous.

(b) Burden of proof and rights.--The incapacitated person shall have all of the rights enumerated in this chapter. Except when the hearing is held to appoint a successor guardian, the burden of proof, by clear and convincing evidence, shall be on the party advocating continuation of guardianship or expansion of areas of incapacity.