Short Answer

In North Carolina, co-agents generally may act independently unless the power of attorney says they must act together. If co-agents disagree, either can refuse to participate in an action they believe violates their fiduciary duties and may petition the Clerk of Superior Court to determine the agent’s authority, compel an accounting, or enjoin improper acts. Moving a relative into the principal’s home must serve the principal’s best interests. Any sale or partition depends on the document’s express real-property authority and the principal’s actual ownership (for example, a life estate limits what an agent can sell).

Understanding the Problem

In North Carolina, can a co-agent under a financial power of attorney stop another co-agent from moving a family member into the parent’s home, and can a co-agent sell or partition the property under the power of attorney? The parent retains lifetime rights to live in the home.

Apply the Law

North Carolina’s power of attorney law lets co-agents act either jointly or separately, depending on the document. Agents must act in the principal’s best interests (or known preferences), keep records, and avoid conflicts. Real property actions require specific authority in the document and, for conveyances, recording the power of attorney before using it. Disputes over an agent’s authority or proposed actions can be brought to the Clerk of Superior Court, who can clarify authority, order accountings, and grant equitable relief. Venue is typically the county where the principal resides, an agent resides, or the property is located. No fixed deadline applies, but act quickly if a contested move-in or transfer is imminent.

Key Requirements

• Co-agent authority: Check the power of attorney; unless it requires joint action, each co-agent may act independently.
• Fiduciary duties: Each agent must act in the principal’s best interests (or known expectations), in good faith, and keep records.
• Real property powers: The document must grant authority for real estate actions; to convey or encumber, the power of attorney must be recorded with the register of deeds.
• Court oversight: File with the Clerk of Superior Court to determine authority, compel an accounting, or enjoin actions that may harm the principal.
• Ownership limits: If the principal holds only a life estate, the agent cannot sell or partition the fee simple without all interest holders; occupancy must not impair the principal’s life estate.

What the Statutes Say

• North Carolina Gen. Stat. § 32C-1-111 (Coagents and successor agents) – Unless the document provides otherwise, co-agents may act independently; outlines co-agent duties.
• North Carolina Gen. Stat. § 32C-1-114 (Agent’s duties) – Requires good faith, loyalty to the principal’s interests, and recordkeeping.
• North Carolina Gen. Stat. § 32C-1-116 (Judicial relief) – Allows petitions to the Clerk of Superior Court to determine authority, compel accountings, and related relief.
• North Carolina Gen. Stat. § 32C-2-204 (Real property) – Lists the scope of an agent’s authority concerning real estate transactions.

Analysis

Apply the Rule to the Facts: Start with the document: if it does not require joint action, your co-agent cannot force you to approve a move that is not in your parent’s best interests. Letting a relative live in the home rent-free may be a benefit to that person rather than the parent; you can decline to participate and seek court review. Because your parent retains a lifetime right to live there, any arrangement must protect that right. A sale or partition depends on whether the power of attorney expressly authorizes real property acts and on whether your parent owns full title; a life estate limits what can be sold without others joining.

Process & Timing

1. Who files: A co-agent (you). Where: Clerk of Superior Court in the county where your parent resides, an agent resides, or the property is located. What: A verified petition under § 32C-1-116 asking the court to (a) determine each agent’s authority regarding occupancy and property management, (b) compel an accounting if needed, and (c) enjoin or suspend any proposed move that is not in the parent’s best interests. When: File promptly if a move-in or transfer is imminent.
2. The Clerk typically sets a hearing and requires service on the other co-agent (and on any guardian, if one exists). You may request interim relief to maintain the status quo. Any party may transfer certain authority-construction issues to Superior Court; claims for monetary damages must be brought in Superior Court.
3. Final step and outcome: The court issues an order clarifying authority, potentially enjoining the move, requiring an accounting, or limiting/suspending an agent. If a sale is approved, ensure the power of attorney is recorded before signing any deed or deed of trust.

Exceptions & Pitfalls

• If the document requires joint consent, either co-agent can block action by withholding agreement.
• If the power of attorney expressly authorizes gifts or below-market occupancy, that language may alter the analysis—but it still must benefit the principal.
• Recording: do not attempt to convey or encumber real estate unless the power of attorney (or a certified copy) is recorded in the county’s register of deeds.
• Ownership limits: an agent cannot sell or partition interests the principal does not own; a life estate prevents unilateral sale of the entire property without all interest holders.
• Forum trap: seek equitable relief (accountings, injunctions, authority determinations) with the Clerk; sue in Superior Court only for monetary damages claims.

Talk to a Estate Planning Attorney

If you’re dealing with a co-agent dispute over a parent’s home and need clarity on authority, occupancy, or sale options, our firm has experienced attorneys who can help you understand your options and timelines. Call us today.

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.