Dec262025
Guardianship Q&A Series

How do I respond to an Adult Protective Services investigation accusing me of financially abusing my spouse? – North Carolina

Short Answer

In North Carolina, Adult Protective Services (APS), usually through the county Department of Social Services (DSS), can investigate reports that a disabled adult is being exploited, including financial exploitation. A safe response usually means confirming the investigator’s identity, communicating in writing, gathering and organizing records that show how money was used, and setting a structured meeting (often with an attorney present). If the allegation could lead to a court case (protective services or guardianship) or criminal referral, careful, documented cooperation matters.

Understanding the Problem

In North Carolina, when APS receives a report that a spouse’s money or property is being misused, a county DSS worker may contact the spouse, the alleged wrongdoer, banks, or other people involved. The single decision point is how to respond to the investigation in a way that (1) addresses APS’s safety-and-resource concerns for the spouse and (2) avoids misunderstandings that can escalate into court filings. The situation often includes confusion about who the assigned worker is, what authority the worker has, what the investigation is about, and what documents—if any—exist to show the investigation has started.

Apply the Law

North Carolina’s APS system focuses on protecting a “disabled adult” from abuse, neglect, or exploitation, which includes the illegal or improper use of the disabled adult’s resources for someone else’s profit or advantage. When DSS is the investigating entity, it may take steps to evaluate whether protective services are needed and may share information with law enforcement or the district attorney if it finds evidence of exploitation. Separate North Carolina laws also allow an “investigating entity” to seek a fast district court subpoena for a disabled adult’s financial records when time is of the essence to prevent further exploitation.

Key Requirements

  • APS must be investigating a protected person: APS generally applies when the spouse fits the definition of a “disabled adult” under North Carolina law, meaning the spouse is physically or mentally incapacitated in one of the ways described by statute.
  • The concern is “exploitation” (financial misuse): “Exploitation” includes the illegal or improper use of the disabled adult’s resources for another’s profit or advantage, and “financial exploitation” in the records-subpoena law focuses on improper use of financial resources for someone else’s benefit.
  • DSS may escalate the matter if evidence exists: If DSS finds evidence indicating exploitation, DSS has a duty to notify the district attorney, and law enforcement may also become involved depending on the facts.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, APS received an allegation of financial abuse involving a spouse, and the assigned worker is perceived as biased and has not provided clear identifying information or paperwork. Because DSS’s role is to evaluate whether a disabled adult needs protective services and whether exploitation occurred, the first practical step is to confirm the worker’s identity and the basic scope of the inquiry before turning over sensitive records or giving an unstructured interview. Next, organizing bank records, receipts, and any written authority for handling the spouse’s finances helps address the “exploitation/financial exploitation” element with objective documentation rather than competing narratives.

Process & Timing

  1. Who engages first: Typically DSS/APS initiates contact; the person accused can respond. Where: Through the county Department of Social Services (Adult Protective Services unit) where the spouse resides or is present in North Carolina. What: Request the worker’s full name, title, county DSS office contact number, supervisor’s name, and the case/reference number; ask for the allegations in writing if available. When: As soon as possible after contact, ideally in writing (email or letter) so there is a record of what was requested and what was provided.
  2. Information exchange: Provide a clear, organized packet showing how the spouse’s funds were used for the spouse’s benefit (for example, household bills, medical costs, caregiving expenses). If APS asks for broad records, ask what time period and which accounts are in question so the response stays focused and complete.
  3. Possible escalation paths: If DSS believes protective services are needed or finds evidence of exploitation, it may refer the matter to the district attorney and/or coordinate with law enforcement. If the spouse’s capacity and financial decision-making become central issues, a related guardianship matter may be filed with the Clerk of Superior Court.

Exceptions & Pitfalls

  • Not every spouse qualifies as a “disabled adult”: APS authority and terminology often turn on whether the spouse meets the statutory definition; when capacity is unclear, DSS may still investigate, but the legal framework can shift as facts develop.
  • Over-sharing and informal interviews: Giving scattered explanations without supporting documents can create contradictions. A written timeline and labeled records (account statements, canceled checks, invoices) usually reduces misunderstandings.
  • Ignoring the contact: Silence can increase the risk that DSS assumes non-cooperation and seeks records through other methods or escalates the case.
  • Mixing funds without documentation: Joint accounts, cash withdrawals, or reimbursements without receipts can look suspicious even when legitimate. Creating a clear ledger that ties each questioned transaction to the spouse’s benefit can help.
  • Authority gaps: If financial decisions were made without clear authority (for example, no written authorization or outdated documents), DSS may treat the conduct as “improper use” even where there was no intent to harm. This is often a trigger to discuss guardianship options with counsel.

Conclusion

In North Carolina, an APS financial abuse allegation is investigated by county DSS to determine whether a disabled adult is being exploited and needs protective services. A practical response is to verify the investigator’s identity, communicate in writing, and provide organized records showing that transactions benefited the spouse rather than someone else. Because DSS can refer cases to the district attorney if it finds evidence of exploitation, the next step is to prepare a written, document-backed response and request a scheduled conference with the APS worker’s supervisor within 7 days.

Talk to a Guardianship Attorney

If an APS investigation is alleging financial abuse of a spouse, experienced counsel can help organize records, communicate with DSS in a way that reduces escalation risk, and evaluate whether a guardianship filing is likely. Call us today at (919) 341-7055.

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.

Category: Guardianship Q&A Series

Author: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.