Short Answer

No. In North Carolina, once someone reports suspected abuse, neglect, or exploitation of a disabled adult, Adult Protective Services (APS) must evaluate the report. You and your parent may decline services unless a court orders access or emergency protective services. If a guardianship hearing is set and you have not been formally notified, appear and promptly ask the Clerk of Superior Court to continue the hearing and consider your valid power of attorney as a less restrictive alternative.

Understanding the Problem

As the agent under a recently updated power of attorney, can you stop APS from investigating while an emergency guardianship hearing is looming but you haven’t been formally served? This is a North Carolina guardianship question about whether you can halt an APS inquiry and what to do about a fast-approaching hearing before the Clerk of Superior Court.

Apply the Law

Under North Carolina law, a report to APS triggers a duty for the county Department of Social Services to evaluate. That evaluation can include interviews, records review, and contact with providers. Protective services are voluntary unless a court authorizes services or access. Separately, guardianship cases are filed and heard by the Clerk of Superior Court. The respondent (your parent) must be personally served, and the court can consider temporary (interim) relief on short notice if there is an immediate risk to the person or estate. Courts should consider less restrictive options—like a working power of attorney—before appointing a guardian.

Key Requirements

• APS evaluation begins on a report: DSS/APS must assess allegations of abuse, neglect, or exploitation of a disabled adult.
• Services are voluntary absent a court order: The adult (or lawful representative) may refuse services unless a judge orders access or emergency protective services.
• Emergency or interim court action needs proof: Temporary guardianship or court-ordered protective services require a verified filing and immediate risk to health, safety, or assets.
• Forum and notice: Guardianship petitions are heard by the Clerk of Superior Court; the respondent must be personally served and next of kin notified.
• Less restrictive alternatives matter: A valid, functioning power of attorney is a key factor that can avoid or narrow guardianship.

What the Statutes Say

• N.C. Gen. Stat. § 108A-103 (APS evaluation authority) – County DSS must promptly evaluate reports and may gather information to assess risk.
• N.C. Gen. Stat. § 108A-104 (Protective services; consent) – Protective services are voluntary unless a court orders services or access in limited circumstances.
• N.C. Gen. Stat. § 35A-1109 (Service/notice in incompetency) – The respondent must be personally served and certain relatives notified.
• N.C. Gen. Stat. § 35A-1114 (Interim guardian) – Allows temporary guardians when immediate action is needed to prevent harm pending the full hearing.

Analysis

Apply the Rule to the Facts: You cannot stop APS from evaluating once a report is made, but your parent (or you acting within the power of attorney) may decline services unless a court orders access. Because you are the current agent under a valid power of attorney, present it to APS and propose a safety plan; that supports using a less restrictive alternative instead of a temporary guardian. Since you learned of the hearing online and have not been formally served, appear and ask the Clerk of Superior Court to continue the hearing and allow time to address notice and to evaluate whether guardianship is necessary given the power of attorney.

Process & Timing

1. Who files: You (as agent) file a Notice of Appearance and a written Response/Objection and Motion to Continue. Where: Clerk of Superior Court, Special Proceedings (guardianship file) in the North Carolina county where the petition was filed. What: Written Motion to Continue and Response/Objection; bring the executed power of attorney and proof it is in effect. When: Immediately—interim/emergency hearings can occur on very short notice.
2. Contact APS now. Provide your power of attorney, explain the care plan, and, if your parent consents, state that services are not needed. Expect APS to act quickly; timeframes vary by county.
3. Attend the hearing. The Clerk will decide whether to continue, whether interim relief is necessary, and whether less restrictive options (your power of attorney) address the concerns. A written order will issue defining any temporary powers if an interim guardian is appointed.

Exceptions & Pitfalls

• Do not block APS if they present a court order; obstructing a lawful order can harm your position.
• If your parent lacks capacity and is at immediate risk, APS can seek court-ordered services; a simple refusal may not stop intervention.
• Failing to appear at the hearing risks an interim guardian or restrictive orders being entered without your input.
• Lack of service on you does not automatically halt the case; focus on whether the respondent was properly served and request a continuance if needed.

Talk to a Guardianship Attorney

If you’re facing an APS inquiry and a fast-moving guardianship hearing, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at 919-555-1212.

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.