Dec92025
Guardianship Q&A Series

What kind of proof should I gather and who can perform a welfare check for suspected elder abuse? – North Carolina

Short Answer

Under North Carolina law, any person with reasonable cause to believe a disabled or elder adult is being abused, neglected, or exploited should report concerns to the county Department of Social Services (Adult Protective Services) where the adult is located, or call law enforcement in an emergency. Useful proof includes dates, observations, photos, texts, and names of witnesses. Adult Protective Services and law enforcement can conduct welfare checks, and APS can seek emergency court orders if the adult appears in danger and cannot consent to help.

Understanding the Problem

The question asks what proof can be gathered and who may perform a welfare check when someone in one state believes an elderly family member in North Carolina is being kept under duress or mistreated. The concern is how North Carolina guardianship and protective-services laws allow a concerned relative to trigger a safety check and potential removal from an unsafe home. The focus is on suspected abuse, neglect, or exploitation of an older or disabled adult, and the immediate steps available before any long-term guardianship case proceeds.

Apply the Law

Under North Carolina’s adult protective services and guardianship framework, the core rules focus on (1) who qualifies as a “disabled” or “elder” adult, (2) what counts as abuse, neglect, or exploitation, and (3) how the county Department of Social Services and the courts intervene. The main forum for protective services is the county Department of Social Services (DSS) where the adult is present, and emergency court relief can be sought in district court when immediate protection is needed.

Key Requirements

  • Reasonable cause to believe abuse, neglect, or exploitation: There must be specific observations or information suggesting the adult is being harmed, denied basic care, or used for someone else’s gain.
  • Disabled or elder adult in North Carolina: The person must be an adult present in North Carolina who is physically or mentally impaired or otherwise unable to secure essential services, or an older adult who cannot meet basic needs without assistance.
  • Report to the correct local agency or law enforcement: Concerns are reported to the county DSS director (Adult Protective Services) where the adult resides or is currently present, and to law enforcement if there is an emergency or apparent criminal conduct.

What the Statutes Say

Analysis

Apply the Rule to the Facts: In the described situation, a relative outside North Carolina believes an elderly adult living in North Carolina is being mistreated and possibly held under duress. That information, especially if supported by specific examples (like visible injuries during video calls, statements of fear, or evidence of isolation), can give “reasonable cause” to believe abuse, neglect, or exploitation is occurring. Under North Carolina law, that relative may report directly to the county DSS Adult Protective Services unit where the elder is located and request a welfare check; DSS and, if appropriate, law enforcement then decide what on-site investigation and emergency steps are needed.

Process & Timing

  1. Who files: Any concerned person (relative, neighbor, professional) may report suspected abuse or neglect. Where: County Department of Social Services (Adult Protective Services) in the North Carolina county where the adult resides or is present, or local law enforcement for emergencies. What: A report by phone or in writing that includes the adult’s name, address, age, known medical or cognitive limitations, description of suspected mistreatment, and names of caretakers or witnesses. When: As soon as there is reasonable cause; emergencies should be reported immediately.
  2. DSS investigation and welfare check: After receiving a report, DSS must begin its evaluation quickly—immediately if there is danger of death, within 24 hours if there is danger of serious harm, or within 72 hours otherwise. That evaluation includes at least one in-person visit to the adult, consultation with others who know the situation, and review of relevant records; in practice, this functions as a welfare check focused on safety and capacity.
  3. Court and longer-term protection: If DSS finds the adult needs services and can consent, DSS arranges voluntary protective services and can ask the court to stop a caretaker from blocking help. If DSS believes the adult lacks capacity and is in danger, DSS may seek emergency orders or petition district court for authority to provide protective services, and the court can later consider whether a guardianship case under the North Carolina guardianship statutes should be filed.

Exceptions & Pitfalls

  • Protective services laws apply to “disabled adults” under the statute, which focuses on adults with physical or mental impairments; an older adult without clear impairment may still qualify if there is evidence of incapacity or inability to obtain essential services.
  • DSS cannot force services on an adult who has decision-making capacity and clearly refuses help, unless the situation meets the strict emergency standards for court-ordered intervention.
  • Incomplete or vague reports (“something feels wrong”) without concrete facts may delay or limit the investigation; recording dates, times, specific statements, and observable conditions makes the report more actionable.
  • If the adult or caretaker moves between counties, it can complicate which DSS has responsibility; giving clear location information and contact details helps ensure the right agency responds.
  • Criminal charges for elder abuse or neglect are separate from DSS’s civil protective services role; law enforcement decides whether to open a criminal case and the district attorney decides about charges.

Conclusion

For suspected elder abuse in North Carolina, the law expects any person with reasonable cause to report concerns and allows DSS Adult Protective Services and law enforcement to perform welfare checks. Strong proof means specific, dated observations, communications, and the identities of caretakers and witnesses, not just general worry. The key next step is to make a detailed report to the county DSS where the adult is located, or call law enforcement if there is immediate danger, so an on-the-ground safety assessment can occur quickly.

Talk to a Guardianship Attorney

If a loved one may be facing elder abuse or neglect in North Carolina and a welfare check or guardianship action might be needed, our firm has experienced guardianship attorneys who can help explain options, coordinate with local agencies, and navigate the court process. 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.