Feb22026
Guardianship Q&A Series

How can I get the court to require an accounting of how my parent’s benefit money is being used? – North Carolina

Short Answer

In North Carolina, a guardian who controls an incapacitated parent’s money generally must file an inventory and then file sworn annual accounts with the Clerk of Superior Court. If the guardian does not file, or files an incomplete or unsatisfactory account, the clerk can order a proper accounting within a short deadline and can enforce that order through contempt and other remedies. The practical first step is usually to ask the clerk’s office for the most recent filed account and then file a written request (or motion) asking the clerk to compel a full accounting.

Understanding the Problem

In a North Carolina guardianship, can the Clerk of Superior Court require the current guardian to show, in writing and under oath, how an incapacitated parent’s benefit money is being received, held, and spent? This question usually comes up when an interested family member believes the guardian is not keeping track of funds, is not sharing information, or is not reliably accounting for the parent’s location and care while also controlling benefit income. The focus here is the court’s power to require financial reporting and documentation in the guardianship case.

Apply the Law

North Carolina guardianship accountings are handled through the Clerk of Superior Court in the county where the guardianship is pending. When a guardian has control over the ward’s property (including benefit income deposited into accounts the guardian manages), North Carolina law generally requires (1) an initial inventory/account shortly after appointment and (2) sworn annual accountings showing receipts, disbursements, and the ending balance, with supporting proof for payments. If the guardian fails to account on time, or the accounting is incomplete, the clerk can order a proper accounting and can enforce compliance.

Key Requirements

  • Right person (guardian of the estate / guardian handling funds): The accounting requirement applies to the guardian who controls the parent’s money and property (not just day-to-day caregiving decisions).
  • Right content (receipts, spending, balances, proof): The accounting should show what money came in (including benefits), what was spent and why, and what remains, with documentation for payments when required.
  • Right timing (inventory first, then annual accounts): The guardian typically must file an initial inventory/account within a set time after appointment and then file annual accounts each year by the deadline tied to the guardian’s selected fiscal year.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, an interested party in an ongoing North Carolina guardianship has concerns about how benefit money is being used and also reports that the current family guardian allegedly cannot locate the parent at times. If the guardian is managing the parent’s funds, North Carolina law generally expects a paper trail: an initial inventory/account and then annual accountings that show benefit deposits, spending, and remaining balances with supporting documentation. If the most recent accounting is missing, late, or does not explain where the money went, the clerk can order a complete accounting and enforce compliance.

Process & Timing

  1. Who files: The interested party (often through counsel) asks for action; the guardian is the person who must file the accounting. Where: the Clerk of Superior Court in the county where the guardianship case is pending. What: a written request or motion asking the clerk to (a) require the overdue annual account or (b) require a corrected, complete account if the filed one is inadequate, and to set a deadline consistent with the clerk’s authority to compel an accounting. When: as soon as it becomes clear the accounting is missing, late, or incomplete; annual accounts are generally due within 30 days after the close of the guardian’s fiscal year.
  2. Clerk review and order: The clerk can review what has been filed, determine whether it is “insufficient and unsatisfactory,” and issue an order requiring a full accounting. If the issue is non-filing or an inadequate filing, the statute allows the clerk to set a short compliance deadline after the order is served.
  3. Enforcement and follow-up: If the guardian still does not comply, the clerk has tools to enforce the order, including contempt proceedings and, in serious situations, removal. Practically, the clerk may also require supporting records (bank statements, receipts, and explanations of unusual transactions) so the accounting can be audited and approved.

Exceptions & Pitfalls

  • Mixing “care concerns” with “money concerns” without clarity: Concerns about not being able to locate the parent can be serious, but a request to “compel an accounting” should stay focused on money in and money out. If the goal includes locating the parent or changing who makes care decisions, that may require additional guardianship filings beyond an accounting request.
  • Assuming the guardian must provide informal updates to family: The guardian’s formal duty is to account to the clerk in the required format. A family member may need to obtain copies through the clerk’s file and use the court process to address missing or inadequate reporting.
  • Not asking for documentation: A useful request does not just ask for a spreadsheet. It asks for a complete accounting that matches bank activity and benefit deposits and includes supporting proof for disbursements, so the clerk can audit the account.
  • Waiting too long: If there are signs of missing funds or unexplained spending, delay can make records harder to obtain and can increase the risk that money is gone before the court can step in.

For additional background on how accountings are reviewed and what clerks typically look for in a fiduciary accounting, see the firm’s discussion of what an annual accounting is and why it must be submitted to the clerk and, in the guardianship context, responsibilities for managing a relative’s money and benefits.

Conclusion

In North Carolina, a guardian who controls an incapacitated parent’s money generally must file a sworn inventory/account after appointment and then file sworn annual accounts showing benefit income received, spending, and the remaining balance, with supporting proof for payments. If the guardian does not file on time or files an inadequate account, the Clerk of Superior Court can order a full accounting and set a short compliance deadline. The next step is to file a written request or motion with the clerk in the guardianship case asking the clerk to compel a complete accounting within the statutory timeframe.

Talk to a Guardianship Attorney

If you’re dealing with concerns about how a parent’s benefit money is being handled in a North Carolina guardianship, our firm has experienced attorneys who can help explain options, required filings, and timelines through the Clerk of Superior Court. 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.