1. Answering questions and giving guidance about the long term care system. An ombudsman will: explain long term care options; give pointers on how to select a long term care facility and provide information on specific facilities (such as the latest and past certification reports and complaint information); explain residents' rights and other federal and state laws and regulations affecting long term care facilities and residents; give guidance on the Medicaid and Medicare programs--specifically qualification criteria, application procedures, and what services these programs cover; give guidance on such matters such as powers of attorney, living wills, and guardianship.
2. Educating community groups and long term care providers on various topics such as residents' rights, restraint use, care planning, activities, and new laws.
3. Investigating and assessing matters to help residents and families resolve concerns and problems. Common areas of concerns include:  medical and personal services being provided to residents, such as problems with medication, nutrition and hygiene; financial concerns such as handling of residents' funds, Medicare, Medicaid, and Social Security; rights of residents, such as the right to be treated with dignity and respect and to have individual requests and preferences respected; and, administrative decisions, such as admission to or discharge from a facility.
4. Working with appropriate regulatory agencies and referring individuals to such agencies when resolution of issues are not possible through the Ombudsman Program alone.
5. Raising long term care issues of concern to policymakers.

"North Carolina has been providing protective services to adults through its one hundred county departments of social services since 1975. This was one of the nation’s first initiatives to recognize the needs of older and disabled adults who had been abused, neglected, and exploited and to develop a protective services program to address their needs. North Carolina’s Adult Protective Services statute provides for services to all adults who are incapacitated by a physical or mental disability. It authorizes the county departments of social services (DSS) to evaluate a disabled adult’s need for protective services and to provide or arrange for services when necessary.

The mistreatment of elderly and disabled adults is not a new problem, however there has been an increased demand for Adult Protective Services (APS) in North Carolina since the mid 1980’s. Several factors have contributed to this need for service. The nationwide growth in the elderly population combined with the popularity of North Carolina as a retirement state resulted in a 7% increase in the state’s elderly population between 1989 and 1993. By 1996, over 13% of North Carolina’s population is age 65 or older and over half of them live in rural areas of the state. While most elderly individuals do not need Adult Protective Services, the small percentage who do has increased as the state’s elderly population has grown. Another factor which has contributed to the need for this service is the number of individuals who are living longer, experiencing a serious decline in mental or physical functioning, and have not anticipated nor planned for their care under such circumstances. These individuals are more vulnerable to abuse, neglect or exploitation." (excerpt from Adult Protective Services Registry Report)

The following definitions were taken from North Carolina General Statute, Chapter 108A, Article 6, the NC Adult Protective Services Statute:

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

"Exploitation" means the illegal or improper use of a disabled adult or his resources for another's profit or advantage.

"Neglect" refers to a disabled adult who is either living alone and not able to provide for himself the services which are necessary to maintain his mental or physical health or is not receiving services from his caretaker. A person is not receiving services from his caretaker if, among other things and not by way of limitation, he is a resident of one of the State-owned hospitals for the mentally ill, centers for the mentally retarded or North Carolina Special Care Center he is, in the opinion of the professional staff of that hospital or center, mentally incompetent to give his consent to medical treatment, he has no legal guardian appointed pursuant to Chapter 35A, or guardian as defined in G.S. 122C-3(15), and he needs medical treatment.

"Protective services" shall mean services provided by the State or other government or private organizations or individuals, which are necessary to protect the disabled adult from abuse, neglect, or exploitation. They shall consist of evaluation of the need for service and mobilization of essential services on behalf of the disabled adult. (1973, c.1378, s. 1; 1975, c. 797; 1979, c. 1044, ss. 1-4; 1981, c. 275, s. 1; 1985, c. 589, s. 34; 1987, c. 550, s. 24; 1989, c. 770, s. 29; 1991, c. 258, s. 2.)