▼

Social Services - Adult Services

Show All Answers

1. What is guardianship?

Guardianship is a legally prescribed relationship between persons who are adjudicated incompetent and a person who is charged with the duty of making decisions for and advocating for the person who is adjudicated incompetent.

2. Is the Department of Social Services the preferred guardian?

In North Carolina, the preferred legal priority for appointment of a guardian is as follows:
a) An individual (family member, friend or other person);
b) A corporation (an organization which by virtue of its charter can be appointed to serve as guardian of the person);
c) A disinterested public agent (a director or assistant director of a human service agency such as DSS).

Please note that DSS is the last choice for appointment as a guardian.

3. Who needs a guardian? Who is an incompetent adult?

An adult who has been declared incompetent by the courts may need a guardian. An incompetent adult is an adult (18 years old or older) or an emancipated minor who lacks sufficient capacity to manage his/her own affairs or to make or communicate important decisions concerning his/her person or property.

4. What are a guardian’s financial obligations?

There are three types of guardian: 1. Guardian of the Person (one whose sole purpose is that of performing duties relating to the care, comfort and maintenance of a ward); 2. Guardian of the Estate (one appointed solely for the purpose of managing the property, estate and business affairs of a ward); 3. General Guardian (a guardian of both the estate and the person).

A guardian is not required to support the ward financially or to contribute his own resources to the ward, and is not liable for the ward’s debts. Guardians act in a decision-making capacity. They do not have to provide personal care or shelter for their ward(s).

5. When does guardianship end?

- When the ward dies
- When the clerk of superior court removes the guardian from the position
- When the ward’s competence is restored
- When the guardian resigns and a new guardian is appointed

6. What do I do if I have reason to believe a disabled is being abused, neglected or exploited and does not have anyone to access services to protect him?

The Department of Social Services in each of the 100 North Carolina counties evaluates situations of alleged abuse, neglect and/or exploitation of disabled adults. A telephone call will begin the process.

7. Why should I report?

It is the law! Any person who has reasonable cause to believe that a disabled person is in need of Protective Services must report the case to the county Social Services Department.

8. Will the person find out that I called?

No. Under state law, anyone who makes a report, testifies in court action, or participates in a required evaluation under the Abused, Neglected, or Exploited Disabled Adult Act, is immune from civil or criminal liability, unless he/she acts in bad faith or with a malicious purpose. State policy dictates that we protect the name of the reporter.

9. What information is needed when I call DSS?

It would be very helpful if you can give the name, address, age or birth date, caregiver’s name (if there is one), mental or physical condition of the adult and names of others who may be able to provide information regarding the situation. Be prepared to explain the situation and why you feel the person needs protection.

10. What are some common behavioral indicators that a person may be abused, neglected or exploited?

The disabled adult may avoid eye contact, appear confused, hesitate to speak openly, withdraw, have a change in appetite or sleep patterns, exhibit suspicious or paranoid behavior or have a radical change in behavior or appear depressed.

11. What is abuse?

Abuse is the willful infliction of physical pain, injury, mental anguish, or the unreasonable confinement by a caretaker or the willful deprivation by a caretaker of services which are necessary to maintain mental and physical health.

12. What are some indicators of abuse?

An indicator of abuse may be any unusual and unexplained bruises, welts, fractures or burns that are in various stages of healing or are in the shape of an object such as a rope, belt, iron or tip of a cigarette. Another indicator could be bed sores, weight loss, dry skin and lips and inappropriate clothing for temperature and conditions. Inadequate shelter or medical care or willful confinement of the adult in a dangerous environment could also be indicators of abuse.

13. What is neglect?

There are two kinds of neglect; self neglect and caretaker neglect. Self neglect refers to a disabled adult who is living alone or who has no caretaker and is not able to provide for himself the services which are necessary to maintain his physical or mental health. Caretaker neglect refers to the failure of a caretaker to provide for a dependent, aged or disabled adult the goods and services necessary to avoid physical harm, mental anguish or mental illness.

14. What are some indicators of self neglect?

Self neglect indicators are:
- Forgetfulness in lighting or turning off stove or gas
- Aimless wandering at night
- The inability to cook, eat, bathe, toilet, dress or care for oneself
- Unusual thinness or dehydration
- Causing small fires
- Living in an unsafe dwelling or environment
- Inappropriate use of medications
- The inability to communicate

15. Who is a caretaker?

A caretaker is an individual who has the responsibility for the care of the adult as a result of the family relationship or has assumed the responsibility for the care of the disabled adult either voluntarily or by contract.

16. What are some indicators of caretaker neglect?

Indicators of caretaker neglect include:
- The failure to provide adequate food, shelter, clothing and attention to personal and incidental needs
- Failure to manage resources to meet needs
- Failure to provide a safe living situation that is not hazardous to health and safety
- Failure to provide appropriate supervision or failure to provide or arrange for medical needs

17. What is exploitation?

Exploitation is the illegal or improper use of the disabled adult or his resources for another’s profit or advantage.

18. What are some indicators of exploitation?

Some indicators of exploitation are:
- Unexplained withdrawal of money from bank accounts
- Use of deceit
- Treachery or coercion to obtain money or assets
- Unusual interest by anyone in the disabled adult’s assets and lifestyles
- A difference between assets and lifestyle
- Unusually large payment for services
- Mismanagement of a person’s funds
- Inappropriate sexual activity

19. My mother needs to be placed in a nursing home/adult care home. What can I do?

First, we talk about why the person feels that their parent needs to go to a nursing home. Does the mother have capacity to make decisions for herself? We then talk about the placement process and assist as needed.

20. My father won’t cooperate, i.e. take his medicine. What can I do?

Adults have a right to make bad choices. Does he understand the consequences of his actions? If you feel your father is at risk, make an Adult Protective Services by calling 910-989-0230.

21. I think someone is taking my mother’s check. What can I do?

You should make an Adult Protective Services report alleging exploitation by calling 910-989-0230.

22. What happens once an Adult Protective Services report is made?

An evaluation is initiated and completed by the social worker to determine the need for protective services. Services are provided as needed.

23. Why can’t you tell me who made the report?

The information is confidential unless the agency is court ordered to release that information.

24. What can I do to help my neighbor who is not taking care of herself?

You need to make an Adult Protective Services report alleging self neglect by calling 910-989-0230.

25. Does DSS provide low-income housing?

We do not provide low-income housing, but we do maintain a list of such housing in Onslow County. You may request a list by calling 910-989-0230.