Jan292026
Guardianship Q&A Series

What options do I have if I believe my parent is being neglected or is unsafe in a nursing facility and I’m not the legal decision-maker right now? – North Carolina

Short Answer

In North Carolina, a family member who is not the current legal decision-maker can still take action if an older parent appears unsafe or neglected in a nursing facility. Common options include making an Adult Protective Services report, contacting the Long-Term Care Ombudsman, and asking the Clerk of Superior Court to review the guardianship (including removing or replacing a guardian in serious situations). If the concern is immediate physical danger, an emergency request to the clerk may be appropriate while other investigations move forward.

Understanding the Problem

In North Carolina guardianship situations, the key question is what actions are available when a parent is in a nursing facility and someone else currently holds legal authority to make decisions. The issue usually comes up after a hospital stay or crisis when a guardianship gets put in place quickly, and a family caregiver later believes the parent’s placement, care plan, or day-to-day safety is not acceptable. The decision point is whether the concern is about immediate safety in the facility, the guardian’s decisions and oversight, or both, and what forum can act quickly enough to protect the parent.

Apply the Law

North Carolina uses two main systems that can overlap: (1) protective-services reporting and investigation when a disabled adult may be abused, neglected, or exploited, and (2) court supervision of guardianships through the Clerk of Superior Court. Even without current decision-making authority, a concerned family member can report safety concerns to the appropriate agencies and can ask the clerk to exercise ongoing jurisdiction over the guardianship to protect the ward.

Key Requirements

  • A safety concern that fits “abuse,” “neglect,” or “exploitation”: North Carolina law defines these concepts for disabled adults and allows reports when there is reasonable cause to believe protective services are needed.
  • A connection to the guardianship case as an “interested person”: In many guardianship matters, a close family member can ask the Clerk of Superior Court to review problems in the guardianship and, when appropriate, to intervene to protect the ward.
  • Specific facts (not conclusions): Agencies and the clerk typically respond best to concrete details (dates, incidents, medical issues, missed care, unsafe conditions, witnesses, and documents), rather than general statements that care is “bad.”

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts describe a situation where a guardianship was put in place during a hospital stay, and the prior caregiver believes the process relied on inaccurate allegations and resulted in a placement that now feels unsafe. Under North Carolina law, the lack of current decision-making authority does not prevent reporting suspected neglect or safety risks to the appropriate county agency. Separately, because the Clerk of Superior Court keeps jurisdiction over the guardianship, an interested family member can ask the clerk to review whether the guardian is protecting the parent and whether the guardianship arrangement should be changed to address safety concerns.

Process & Timing

  1. Who acts: A concerned family member or any person with reasonable cause. Where: The county Department of Social Services (Adult Protective Services) in the county where the parent is present, and the Clerk of Superior Court in the county where the guardianship is pending. What: (a) an APS report describing the safety concern; (b) a petition/motion in the guardianship file asking the clerk to intervene (for example, review the guardian’s conduct, require action, or consider removal/replacement). When: As soon as safety concerns arise; emergency requests should be made immediately when there is a credible risk of harm.
  2. Investigation and information-gathering: APS typically evaluates whether the parent qualifies as a “disabled adult” and whether protective services are needed; the nursing facility may also have internal reporting channels. In parallel, the clerk may set a hearing or issue interim orders depending on the urgency and the evidence presented.
  3. Court outcome options: Depending on what the clerk finds, the clerk can order steps to protect the ward, remove a guardian for cause, appoint a successor guardian, or address specific disputes and management issues within the guardianship.

Exceptions & Pitfalls

  • Confusing “bad placement” with legally actionable neglect: A facility can be imperfect without meeting the legal definitions of abuse or neglect. Reports and court filings should focus on concrete safety problems (missed medications, falls, untreated wounds, dehydration, unsanitary conditions, unexplained injuries, or unsafe supervision), not general dissatisfaction.
  • Not using the guardianship court’s ongoing supervision: In North Carolina, the clerk retains authority after appointment. If the issue is that the guardian is not monitoring care, not advocating for appropriate services, or is acting based on false information, a targeted request to the clerk can be more effective than arguing with the facility.
  • Documentation gaps: A common mistake is relying on verbal reports only. Keeping a timeline, requesting care-plan meeting notes, saving messages, and identifying witnesses can make agency reports and clerk hearings more actionable.
  • Privacy barriers: Without legal authority, the facility may limit access to medical information. That does not prevent making a report or asking the clerk to review the guardian’s performance, but it can affect what records are available without a court order or the guardian’s cooperation.

Conclusion

In North Carolina, a family member who is not the current legal decision-maker can still act when a parent appears unsafe or neglected in a nursing facility by reporting concerns to Adult Protective Services and by asking the Clerk of Superior Court to use the court’s ongoing guardianship authority to protect the ward. The key threshold is having reasonable cause to believe protective services are needed, supported by specific facts. The most important next step is to file a prompt request with the Clerk of Superior Court in the existing guardianship file when safety concerns are urgent.

Talk to a Guardianship Attorney

If a parent may be unsafe in a nursing facility and someone else currently controls decisions through a North Carolina guardianship, our firm has experienced attorneys who can help explain reporting options, court oversight, and the timelines for asking the clerk to intervene. 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.