Feb62026
Estate Planning Q&A Series

What can I do if I believe the trustee is not taking my relative’s health and safety seriously or is neglecting their care needs? – North Carolina

Short Answer

In North Carolina, concerns about a trustee ignoring an older relative’s health and safety usually call for two parallel steps: (1) immediate safety reporting and (2) trust enforcement. If there is any reasonable concern of abuse or neglect, a report can be made to the county Department of Social Services (Adult Protective Services). Separately, if the trustee is failing to use trust resources appropriately or is not acting responsibly, an interested person can seek information, demand action consistent with the trust, and in some cases ask the court to remove and replace the trustee.

Understanding the Problem

In North Carolina, when a trustee controls money meant to support an older relative with Alzheimer’s who lives at home, the key question is: what happens if the trustee is not treating the relative’s health and safety as a real priority or is allowing care needs to go unmet? The decision point is whether the concern is an immediate safety issue (requiring protective-services involvement) and/or a trust-administration issue (requiring enforcement of the trustee’s duties). This situation often comes up after a primary caregiver dies and responsibility shifts, especially where care decisions were previously handled through a shared power of attorney arrangement.

Apply the Law

North Carolina law treats health-and-safety concerns differently depending on the role involved. A trustee’s job is to administer trust property according to the trust terms and fiduciary duties, which often includes making distributions for a beneficiary’s support, maintenance, and care when the trust authorizes it. Separately, North Carolina’s Adult Protective Services framework allows reports when a disabled adult may need protective services due to abuse or neglect, and it sets timelines for county evaluation. If court involvement becomes necessary on the trust side, trustee removal and replacement can be handled through the court system in appropriate cases.

Key Requirements

  • Reasonable safety concern: If there is reasonable cause to believe a disabled adult needs protective services because of abuse or neglect, North Carolina law expects a report to the county director (typically through Adult Protective Services at DSS).
  • Trustee duty to administer the trust: The trustee must follow the trust document and act responsibly with trust assets, including making appropriate decisions about distributions if the trust authorizes spending for care and support.
  • Standing and proof for court action: To force change (like removal), an “interested” person generally must show facts that the trustee is not carrying out the trust properly (for example, refusing to address basic care needs when the trust allows support distributions, ignoring obvious risks, or failing to act at all).

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the older relative has Alzheimer’s and lives at home in North Carolina with limited caregiver support, and the primary day-to-day decision-maker has died. If the trustee is ignoring obvious care gaps (for example, not arranging adequate in-home help or refusing to pay for necessary support when the trust allows it), that can create both a safety problem and a trust-administration problem. The safety side focuses on whether the relative is a disabled adult who may need protective services; the trust side focuses on whether the trustee is failing to carry out the trust’s purpose and duties in a responsible way.

Process & Timing

  1. Immediate safety step: A concerned family member or other person can make a report to the county Department of Social Services (Adult Protective Services). Where: the DSS in the county where the older relative lives. When: as soon as there is reasonable cause to believe protective services are needed.
  2. APS evaluation timeline: DSS must start an evaluation immediately/within 24 hours/within 72 hours depending on the level of emergency alleged, and the statute sets completion timeframes for the evaluation process.
  3. Trust enforcement step: An interested person can gather documents (trust, trustee contact information, care invoices, caregiver schedules, incident notes), request information from the trustee, and—if the trustee will not address the problem—consider a court filing seeking appropriate relief, which can include replacing the trustee in a proper case.

Exceptions & Pitfalls

  • Trustee vs. agent under power of attorney: A trustee controls trust assets; an agent under a power of attorney controls the person’s non-trust assets and may have authority over certain decisions depending on the document. Confusing these roles can lead to demands being made to the wrong person or the wrong court process being used.
  • “Neglect” can be a safety issue even without bad intent: A pattern of missed medications, unsafe living conditions, or lack of basic hygiene support can trigger APS involvement even if the caretaker claims to be “doing their best.”
  • Documentation gaps: Court action is harder without specifics. Keeping a simple log (dates, missed visits, unsafe conditions observed, communications with the trustee/caregivers) often makes the next steps clearer.
  • Overreaching beyond the trust terms: Even when care needs are real, a trustee’s authority to spend depends on the trust language. Some trusts require certain findings (like “need”) or give the trustee discretion; others mandate support. The strategy changes based on the document.
  • Delay when capacity is declining: If the older relative’s condition is worsening, waiting can reduce options. In some cases, a separate court process (such as a guardianship proceeding) may be needed to ensure someone has clear authority over personal and medical decisions.

Related reading may help frame next steps, including whether the trustee or agent under power of attorney is properly using money for care and how to ask the court to replace a trustee.

Conclusion

In North Carolina, when a trustee is not taking an older relative’s health and safety seriously, the practical response is to address safety first and trust enforcement second. If there is reasonable cause to believe a disabled adult needs protective services due to abuse or neglect, a report should be made to the county DSS (Adult Protective Services), which triggers statutory evaluation timelines. If the trustee is also failing to administer the trust properly, the next step is to file an appropriate request with the court to remove and replace the trustee under the circumstances.

Talk to a Estate Planning Attorney

If a trustee is not responding to serious care and safety concerns for an older relative, an estate planning attorney can help sort out roles (trustee vs. power of attorney), gather the right records, and choose the fastest path to protect the relative and the trust. 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: Estate Planning Q&A Series

Author: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.