Jan272026
Guardianship Q&A Series

Can a parent become guardian to manage an adult dependent’s SSI benefits and talk to Social Security about the case? – North Carolina

Short Answer

Yes. In North Carolina, a parent can ask the Clerk of Superior Court to appoint a guardian for an adult who cannot manage personal care or finances, and that guardianship can support the parent’s authority to handle benefit-related tasks. However, Social Security usually requires its own appointment process (a “representative payee”) to manage SSI payments, even when a guardian exists. In practice, many families pursue guardianship for broader decision-making and also apply to Social Security to be the representative payee for SSI.

Understanding the Problem

In North Carolina, can a parent be appointed by the Clerk of Superior Court as a guardian for an adult dependent who cannot communicate or manage daily self-care or money, so the parent can manage SSI benefits and communicate with the Social Security Administration about the claim? The decision point is whether court-appointed guardianship is the right legal tool for benefit management and agency communication, or whether a different authorization is needed for Social Security to release information and allow benefit management.

Apply the Law

North Carolina guardianship is handled through the Clerk of Superior Court. The clerk has original jurisdiction to appoint a guardian of the person, a guardian of the estate, or a general guardian for an incompetent adult, and the clerk continues to supervise the case after appointment. A guardianship order can give a parent legal authority to make decisions and manage property for the adult, but SSI is a federal benefit program and Social Security often relies on its own “representative payee” system to control who receives and manages monthly SSI payments.

Key Requirements

  • Incompetency finding: The adult must be adjudicated incompetent through the Chapter 35A process before a guardian can be appointed to act with court authority.
  • Right type of guardian: Managing money and benefits usually points toward a guardian of the estate or a general guardian (person + estate), not only a guardian of the person.
  • Clerk-supervised duties: Guardianship comes with ongoing court supervision, including following the clerk’s orders and meeting any reporting/accounting requirements tied to the type of guardianship granted.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts describe an adult dependent with significant disabilities who is nonverbal and cannot manage daily self-care or finances. Those facts commonly support filing an incompetency petition and then requesting appointment of a guardian with authority over finances (guardian of the estate or general guardian), so the parent has court-recognized authority to manage money-related matters. For SSI specifically, guardianship can help show the need for a responsible person to manage funds, but Social Security typically still expects the parent to be appointed as representative payee to receive and manage the monthly SSI payments.

Process & Timing

  1. Who files: A parent or other interested person. Where: The Clerk of Superior Court in the county where the adult resides in North Carolina. What: A verified petition to adjudicate incompetence and an application to appoint the requested type of guardian (guardian of the person, guardian of the estate, or general guardian). When: As soon as there is a practical need for legal authority to manage decisions or finances; timing can matter if benefits, housing, or medical decision-making is stalled without formal authority.
  2. Hearing and appointment: The clerk schedules the incompetency matter and, if incompetency is found, proceeds to appoint the appropriate guardian and issue letters of appointment that define the guardian’s powers.
  3. Social Security step: Separately, the parent typically applies with Social Security to be named representative payee for SSI. Social Security may request proof of guardianship (letters of appointment) and other information before allowing ongoing communication and benefit management.

Exceptions & Pitfalls

  • Guardianship is not always required for SSI management: Social Security can appoint a representative payee even without a court guardianship, and in some cases that is the faster, narrower solution when the only issue is receiving and managing SSI.
  • Wrong type of guardianship: A guardian of the person may have authority over care decisions, but that role alone may not be enough for managing money; requesting a guardian of the estate or general guardian is often the better fit when finances and benefits are part of the goal.
  • Ongoing court supervision: Guardianship can require ongoing reporting and financial tracking. Poor recordkeeping, mixing funds, or using SSI funds for someone else’s needs can create problems with both the clerk’s oversight and Social Security’s payee rules.

For additional background on related issues, see how to get guardianship of an adult child who cannot manage daily life skills or money and whether representative payee status can overlap with a guardianship filing.

Conclusion

In North Carolina, a parent can petition the Clerk of Superior Court to have an adult dependent adjudicated incompetent and then request appointment as guardian (often a guardian of the estate or a general guardian) to manage finances and related decisions. For SSI, Social Security commonly requires a separate representative payee appointment to receive and manage monthly SSI payments and to communicate about the claim. The practical next step is to file the incompetency/guardianship petition with the Clerk of Superior Court in the adult’s county of residence.

Talk to a Guardianship Attorney

If a family is dealing with an adult dependent who cannot manage daily care or finances and SSI benefits need to be handled correctly, our firm has experienced attorneys who can help explain options, paperwork, and timelines. 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: 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.