Nov122025
Guardianship Q&A Series

How do I stop my sibling from redirecting my parent’s Social Security benefits to a new account? – North Carolina

Short Answer

In North Carolina, a power of attorney does not control Social Security payments; only the Social Security Administration (SSA) and a representative payee do. Act on two tracks: immediately alert SSA to suspected misuse and contest any change of payee or direct deposit, and file in the Clerk of Superior Court for an interim guardianship to protect your parent’s finances and freeze risky transfers. You can also ask the Clerk to compel an accounting and limit or terminate an agent’s authority under a power of attorney.

Understanding the Problem

You are in North Carolina, you hold a valid power of attorney, and you received a revocation notice signed by your parent and your sibling. The question is whether you can stop your sibling from redirecting your parent’s Social Security benefits to a different account. You want to know what relief is available, who can grant it, and how quickly you must act to protect your parent’s money.

Apply the Law

Under North Carolina law, the Clerk of Superior Court oversees incompetency and guardianship matters and can enter fast, temporary orders to protect an at‑risk estate. If there is reasonable cause to believe your parent is incompetent and the estate is at imminent risk, you can seek an interim guardian of the estate with limited powers to freeze accounts and stop harmful transfers while the court decides the full case. Separately, North Carolina’s power of attorney statutes let you ask the Clerk to compel the agent to account and to limit or terminate an agent’s authority. Social Security is federal: SSA, not a state court or a power of attorney, controls where benefits are paid and who serves as representative payee, so you must also act directly with SSA.

Key Requirements

  • Show immediate risk: Provide facts giving reasonable cause to believe your parent is incompetent and that the estate faces imminent or foreseeable harm; request an interim guardian to protect funds.
  • Use POA remedies: File a proceeding to compel the sibling (as agent or purported agent) to provide records and account, and ask to limit or terminate the agent’s authority.
  • Go to the right forum fast: File with the Clerk of Superior Court in your parent’s county; interim hearings are set immediately and interim orders are time‑limited.
  • Coordinate with SSA: Report suspected misuse, contest any payee change or direct deposit reroute, and apply or nominate a trusted person or neutral as representative payee.
  • Preserve evidence: Keep bank statements, POA documents, notices, and communications to support court and SSA actions.

What the Statutes Say

Analysis

Apply the Rule to the Facts: You received a revocation notice despite holding a power of attorney. Because Social Security benefits can be redirected quickly, you should ask the Clerk to appoint an interim guardian of the estate to freeze risky transfers while the case is heard. At the same time, use a POA proceeding to compel your sibling to account and to limit or terminate any claimed agency. Separately, notify SSA at once to contest any change in payee or direct deposit and request appointment of a suitable representative payee.

Process & Timing

  1. Who files: You (or any interested person). Where: Clerk of Superior Court in your parent’s county. What: File AOC‑SP‑200 (Petition for Adjudication of Incompetence) and check the interim guardian request; file AOC‑SP‑201 (Notice of Hearing). You may also file a verified petition under G.S. 32C‑1‑116 to compel an accounting and to limit or terminate an agent’s authority. When: File immediately; the Clerk sets interim motions for prompt hearing and schedules the main hearing thereafter.
  2. At the interim hearing, request narrowly tailored relief (e.g., freeze or hold on specified accounts, no change to direct deposits, no new withdrawals) and require the sibling to produce records. Interim appointments are short and can be extended once if needed; timing varies by county.
  3. Final step: After the adjudication, the Clerk may appoint a guardian of the estate who can take control of accounts, revoke or amend financial POAs as appropriate, and coordinate with SSA. SSA separately decides representative payee status based on its rules.

Exceptions & Pitfalls

  • If your parent has capacity and validly revoked your power of attorney, your POA authority ends; court relief must rest on protecting the estate, not reviving the POA.
  • SSA controls Social Security payments; a state court order alone will not change SSA’s payee or direct deposit without contacting SSA.
  • Service and notice are strict in guardianship cases; missing them can delay relief. Bring clear, specific facts showing imminent risk to the estate.
  • Ask for targeted interim orders; some counties are cautious about broad ex parte relief. Be ready with account details and recent transactions.

Conclusion

To stop a sibling from rerouting Social Security in North Carolina, act on two tracks: alert SSA immediately to contest any direct‑deposit or payee change, and file with the Clerk of Superior Court for an interim guardian of the estate to freeze risky transfers while the court decides capacity and long‑term control. Include a petition to compel an accounting and to limit or terminate any agent’s authority. Next step: file AOC‑SP‑200 with an interim guardian request at the Clerk’s office right away.

Talk to a Guardianship Attorney

If you’re dealing with a sibling redirecting a parent’s benefits and need fast protection of assets, our firm has experienced attorneys who can help you understand your options 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: 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.