Short Answer

In North Carolina, only the person (the principal/settlor) with legal capacity can name someone as power of attorney or change who serves as trustee. A partner cannot self-appoint. If your partner still has capacity, he may sign new documents naming you. If he lacks capacity, you cannot create new documents—but you can ask the Clerk of Superior Court to review or limit an agent’s authority, consider guardianship, and, if the trust terms protect your occupancy, seek trust orders to enforce them.

Understanding the Problem

You want to know whether, in North Carolina, you can be named as your partner’s power of attorney or trustee to stop his adult child from moving him out of the shared home. You are not married to the grantor. The narrow question is whether you can be placed in charge (as agent or trustee) to control living arrangements and protect the home.

Apply the Law

Under North Carolina law, the principal must have capacity and act voluntarily to sign a financial power of attorney (POA) or health care power. A revocable living trust is controlled by its terms; while the settlor is competent, the settlor can usually amend it and replace trustees. If the settlor lacks capacity, others cannot create a new POA or amend the trust to install a different trustee. Disputes about agents under a POA and many trust administration issues are heard first by the Clerk of Superior Court. For nonexclusive trust matters, a party seeking transfer to a judge must serve a transfer notice within 30 days of service of the petition.

Key Requirements

• Capacity and voluntariness: Only a competent principal/settlor can name an agent, execute a health care power, or amend a trust to change trustees.
• Formalities: A financial POA must be notarized; a health care power requires specific witness and notary formalities; trust amendments must follow the trust’s procedures.
• Standing to act: If capacity is lost, you cannot self-appoint. You may petition the Clerk to compel an agent’s accounting, determine or limit an agent’s authority, or seek guardianship. Trust petitions usually require a settlor, trustee, beneficiary, or the Clerk to initiate; nonbeneficiaries have limited standing.
• Forum and venue: File POA and most trust proceedings with the Clerk of Superior Court; trust venue is generally where the trust is administered or a beneficiary resides.
• Available relief: The Clerk can order an agent to account, limit or suspend authority, appoint/remove trustees when statutes allow, or issue protective orders to carry out the trust and protect beneficiaries.

What the Statutes Say

• North Carolina Gen. Stat. § 32C-1-116 (Judicial relief re powers of attorney) – Clerk may compel agent accountings, limit or terminate authority, and resolve POA questions.
• North Carolina Gen. Stat. § 36C-2-203 (Clerk’s jurisdiction over trust proceedings) – Clerk has original jurisdiction over many internal trust matters, including trustee appointment/removal.
• North Carolina Gen. Stat. § 36C-7-706 (Removal of trustee) – Lists who may seek removal and the grounds for removal.
• North Carolina Gen. Stat. § 36C-2-204 (Venue for trust proceedings) – Sets the proper county for filing trust petitions.

Analysis

Apply the Rule to the Facts: Because you are not married and your partner’s living trust names other beneficiaries, you do not have automatic rights to stay in the home. If your partner still has capacity, he can sign a notarized financial POA and a properly executed health care power naming you, and he may amend his revocable trust to confirm your occupancy or name you as (co)trustee. If he lacks capacity, you cannot create new documents; instead, you may petition the Clerk to compel or limit the adult child’s POA actions, seek emergency protective orders, and, if needed, request guardianship of the person to control residence decisions. Any trust-based relief depends on what the trust says and whether you have standing.

Process & Timing

1. Who files: You (as an interested person). Where: Clerk of Superior Court in the county of your partner’s residence (POA/guardianship) or where the trust is administered/beneficiary resides (trust). What: Petition to (a) compel an agent’s accounting and determine/limit authority under a POA; (b) seek guardianship of the person if needed; and/or (c) request trust relief consistent with the instrument (e.g., orders enforcing occupancy or appointment of a fiduciary). When: File promptly; for nonexclusive trust matters, a party seeking transfer to Superior Court must serve a transfer notice within 30 days of service of the petition.
2. After filing, the Clerk issues process and sets a hearing. Agents can be ordered to produce records; the Clerk can enter interim orders to preserve the status quo and protect the principal or trust pending a full hearing. Timelines vary by county.
3. Final step: The Clerk may limit or suspend the agent’s authority, appoint a guardian of the person (who decides residence), and/or enter trust orders or appoint/remove a trustee as allowed by statute and the trust. Written orders follow.

Exceptions & Pitfalls

• Capacity swings: Late-life changes to POAs or trusts can be challenged as invalid if capacity was lacking or undue influence occurred. Use independent counsel and proper formalities.
• Standing limits: Nonbeneficiaries often cannot seek trustee removal or instructions. Confirm whether you are a beneficiary or have rights under the trust.
• Health care versus finances: A financial agent controls money, not medical decisions. Residence decisions often follow a health care power or a guardian of the person.
• Trust venue and foreign administration: If the trust’s principal place of administration is outside North Carolina, the Clerk’s ability to act may be limited.
• Service/notice traps: Improper service can delay relief. Follow the Clerk’s procedures precisely and keep proof of service.

Talk to a Estate Planning Attorney

If you’re dealing with a potential relocation, contested powers of attorney, or trust rights tied to a shared home, our firm has experienced attorneys who can help you understand your options and timelines. 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.