Jan252026
Guardianship Q&A Series

What can we do if disability benefits were stopped and the agency refuses to discuss the case unless the adult child appears in person? – North Carolina

Short Answer

In North Carolina, when an adult child cannot communicate or manage benefits, the practical fix is usually to get legal authority so a parent (or another trusted person) can speak and act for the adult child. That often means filing an incompetency petition and then applying to the Clerk of Superior Court for appointment as a general guardian (or a more limited guardianship if appropriate). Once appointed, the guardian can typically provide the agency with court letters showing authority to handle benefit-related communications and paperwork.

Understanding the Problem

Under North Carolina guardianship law, the decision point is whether a parent can get court authority to act for an adult child when a benefits agency will not discuss a stopped disability case unless the adult child appears in person. The issue usually comes up when the adult child has a medical condition that makes in-person appearances unrealistic and there is no power of attorney in place. The goal is to put a legally recognized decision-maker in place so the agency has someone it can speak with and accept documents from.

Apply the Law

In North Carolina, a parent generally does not have automatic authority to act for an adult child once the child turns 18. When an adult cannot manage personal or financial affairs due to a condition like uncontrolled seizures and an inability to communicate, the usual legal pathway is a court proceeding before the Clerk of Superior Court to (1) adjudicate the adult as incompetent and (2) appoint a guardian. The clerk can tailor the guardianship to what is actually needed, including a limited guardianship in appropriate cases, but families often request a general guardianship when both personal decisions and money/benefits management are involved.

Key Requirements

  • Incompetency must be proven: The clerk (or a jury, if requested) must find by clear, cogent, and convincing evidence that the adult lacks sufficient capacity to manage important affairs or to make or communicate important decisions.
  • A proper petition and application must be filed: A verified petition starts the incompetency case, and an application asks the clerk to appoint the requested type of guardian (guardian of the person, guardian of the estate, or general guardian).
  • Due process steps must be followed: The adult (called the “respondent”) must receive notice and has rights in the proceeding, including representation through counsel or a guardian ad litem and the ability to present evidence.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the adult child has seizures and cannot communicate verbally, and disability benefits have been stopped while the agency refuses to discuss the case unless the adult child appears in person. Those facts point to an inability to manage important affairs and to communicate decisions, which is the core issue the clerk evaluates in an incompetency proceeding. If the clerk adjudicates incompetency and appoints a general guardian (or a guardian of the estate for benefits/finances), the guardian can usually present the court’s letters of appointment to the agency and take over communications and required submissions.

Process & Timing

  1. Who files: A parent or other interested person. Where: The Clerk of Superior Court in the county where the adult child resides (filed as a special proceeding). What: A verified petition to adjudicate incompetence and an application to appoint a guardian (often filed together). When: As soon as the benefits issue creates a practical need for someone to act, especially if the agency has given a deadline to appeal, submit paperwork, or complete a review.
  2. Investigation and hearing preparation: The clerk appoints a guardian ad litem for the respondent in many cases, and the court process typically includes gathering medical information and other evidence showing functional limits (for example, inability to communicate, inability to manage money, and safety concerns). The clerk may also require additional evaluation information if needed.
  3. Hearing and appointment: The clerk (or a jury, if requested) decides incompetency. If incompetency is found, the clerk then decides the type of guardianship needed and appoints the most suitable guardian. After appointment, the guardian receives official letters of appointment, which are commonly what agencies require before discussing benefits with someone other than the beneficiary.

Exceptions & Pitfalls

  • Guardianship scope problems: Requesting a general guardianship when only benefits-management authority is needed can create more court oversight than necessary; on the other hand, requesting only a guardian of the person may not solve an agency’s need to deal with someone who can handle money/benefits issues.
  • Evidence gaps: The clerk’s decision focuses on functional capacity, not just diagnoses. Records and testimony should connect the medical condition to real-world limits (communication, understanding, and managing affairs).
  • Assuming “parent status” is enough: Agencies often cannot discuss an adult’s case without written legal authority. Without a power of attorney or court appointment, the agency may lawfully refuse to speak with family members.
  • Delays caused by notice/service issues: Guardianship cases require proper notice and service. Missing a required party or using the wrong address can delay the hearing and leave benefits issues unresolved longer.

For more background on the court process, see how to start the guardianship process and what it takes to have an adult declared incompetent.

Conclusion

In North Carolina, if disability benefits were stopped and the agency will not discuss the case unless the adult child appears in person, the usual solution is to obtain court authority to act for the adult child. That typically requires filing a verified incompetency petition and then applying to the Clerk of Superior Court for appointment as a general guardian (or a more limited guardianship if appropriate). The most important next step is to file the petition and application with the clerk promptly, especially if the agency notice includes an appeal deadline.

Talk to a Guardianship Attorney

If disability benefits were stopped and an agency will not discuss the case unless the adult child appears in person, our firm has experienced attorneys who can help explain options, prepare the filings, and track timelines in 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.