Short Answer

In North Carolina, you can revoke a financial power of attorney at any time if you have capacity, even if the agent refuses to hand back the paperwork. Sign and notarize a written revocation, serve it on the agent, and give written notice to banks and others who might rely on the old power. If the agent will not stop or return documents, ask the Clerk of Superior Court to terminate the agent’s authority, compel an accounting, and order the agent to turn over the documents.

Understanding the Problem

In North Carolina, can you, as the principal, revoke a financial power of attorney and stop your agent from using it when the agent refuses to give the document back? Here, the key fact is that the agent will not surrender the papers. The question is whether you can still revoke and how to make that revocation effective with banks, hospitals, and others who may rely on the power of attorney.

Apply the Law

Under North Carolina law, a competent principal may revoke a power of attorney and must give notice of the revocation. Third parties may rely on a power of attorney until they receive actual notice that it has ended. If an agent misuses authority or refuses to stop, the principal (or certain other interested persons) may file a proceeding with the Clerk of Superior Court to terminate or limit the agent’s authority, compel an accounting, and obtain other relief. If a guardian of the estate or general guardian is appointed for an incapacitated principal, that guardian may revoke or amend the power of attorney.

Key Requirements

• Capacity to revoke: You must be able to understand the decision to revoke. If you lack capacity, a court‑appointed guardian can act.
• Written revocation: Prepare a signed, notarized revocation identifying the original power of attorney and stating it is revoked.
• Notice to agent and third parties: Serve the agent and promptly notify banks, financial firms, and others who may rely on the old power; record the revocation with the Register of Deeds if the power of attorney was recorded.
• Court relief if needed: If the agent won’t stop or return documents, file with the Clerk of Superior Court to terminate or limit authority, compel an accounting, and order delivery of originals.
• Third‑party reliance rule: Banks and others may rely on a power of attorney until they have actual notice of revocation; timely notice protects you.

What the Statutes Say

• N.C. Gen. Stat. § 32C-1-116 (Judicial relief; POA proceedings) – Lets you seek to terminate or limit an agent’s authority, compel an accounting, and obtain related orders.
• N.C. Gen. Stat. § 32C-1-117 (Agent’s liability) – Defines the agent’s fiduciary duties and available remedies for violations.
• N.C. Gen. Stat. § 32C-1-114 (Agent’s duties; records and disclosure) – Requires agents to keep records and explains when accountings can be compelled.
• N.C. Gen. Stat. § 32C-1-120 (Acceptance and reliance on a POA) – Protects third parties who rely in good faith unless they have actual notice of termination.

Analysis

Apply the Rule to the Facts: You may revoke now if you have capacity. Execute a notarized revocation and serve it on the agent; because third parties can rely on the old power until they learn otherwise, promptly notify banks and other institutions so they stop honoring it. If the agent refuses to stop or return the documents, petition the Clerk of Superior Court to terminate the agent’s authority, compel an accounting of actions taken, and order surrender of original documents. Record the revocation if the power was recorded.

Process & Timing

1. Who files: The principal. Where: Clerk of Superior Court in your North Carolina county of residence (venue can also be where the agent resides or your property is located). What: A petition for judicial relief under Chapter 32C to terminate/limit authority and compel an accounting; issue an Estate Proceeding Summons (AOC‑E‑102). When: File promptly; you may request temporary injunctive relief to stop further use.
2. Serve the agent and give written notice (with a copy of the revocation) to banks, brokerages, and any party relying on the power. If the original power was recorded, record the revocation and proof of service with the Register of Deeds. Hearing dates vary by county; urgent relief can be sought sooner.
3. At the hearing, request orders terminating the agent’s authority, compelling an accounting, and directing the agent to deliver originals. Expect a written order; provide copies to all third parties you notified.

Exceptions & Pitfalls

• If you lack capacity, you cannot personally revoke; a court‑appointed guardian of the estate or general guardian may revoke on your behalf.
• Recording matters: If the power of attorney was recorded (often for real estate), record your revocation and proof of service; otherwise, land records may still show apparent authority.
• Notice gaps: Banks and others can rely on the old power until they have actual notice; send written notice to every institution the agent might use.
• Multiple documents: Revoke each power of attorney the agent holds; a new power of attorney does not automatically cancel earlier ones unless it says so.
• Health care powers of attorney are separate; different rules may require court action to suspend a health care agent if a guardian is appointed.

Talk to a Estate Planning Attorney

If you’re dealing with an agent who won’t stop using your power of attorney or won’t return the document, 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.