Nov62025
Guardianship Q&A Series

How can I remove my sibling as primary healthcare agent under my parent’s power of attorney? – North Carolina

Short Answer

In North Carolina, you cannot directly “remove” a health care agent unless the parent (the principal) has capacity to revoke and sign a new health care power of attorney. If the parent lacks capacity, the usual path is to file for guardianship of the person and, once a guardian is appointed, ask the court to suspend the health care agent’s authority for good cause. If finances are being misused, separate court tools exist to compel accountings and protect assets.

Understanding the Problem

You want to know how, under North Carolina law, you can stop a sibling from acting as your parent’s primary health care agent. The issue arises because your parent has Alzheimer’s and your sibling allegedly removed a home health aide, while you hold the financial power of attorney from another state. The question is whether you can limit or end your sibling’s decision-making authority for health care and secure timely care for your parent in North Carolina.

Apply the Law

North Carolina treats health care decision-making and financial decision-making under different statutes. A competent principal can revoke and replace a health care agent. If the principal lacks capacity, the court can appoint a guardian of the person. After appointment, the guardian may ask the court to suspend the health care agent’s authority for good cause. Financial concerns are handled through separate proceedings that can compel accountings, limit financial agents, or, if needed, appoint a guardian of the estate to take control of assets. The Clerk of Superior Court in the county where the parent resides is the main forum for these proceedings, and response deadlines in contested clerk proceedings are short.

Key Requirements

  • Capacity or Guardianship: If the parent can still understand and decide, they may revoke and sign a new health care power of attorney. If not, a court-appointed guardian of the person is the path to alter health care decision authority.
  • Good Cause to Suspend: To displace a health care agent, the guardian of the person must show good cause (for example, decisions inconsistent with the parent’s known wishes or best interests, neglect of needed care, or harmful delays).
  • Proper Forum and Venue: File guardianship in the Clerk of Superior Court where the parent resides. Related power-of-attorney proceedings can be filed where the parent lives, where an agent resides, or where the parent’s property is located.
  • Notice and Timing: Contested clerk proceedings use an estate-proceeding summons and typically require a timely written response; hearings can be set within weeks. Emergency orders may be available to protect the parent pending a full hearing.
  • Financial Safeguards: If a financial agent is involved, the court can compel an accounting and, if a guardian of the estate is appointed, the guardian can revoke a financial power of attorney by recording a revocation.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Your parent’s Alzheimer’s suggests limited capacity, so revocation by the parent may not be feasible. The practical route is to petition for guardianship of the person in the North Carolina county where your parent lives, then ask the court to suspend your sibling’s health care authority for good cause (e.g., removing the home health aide and failing to arrange needed care). Because personal expenses were allegedly charged to your parent’s accounts, you can also pursue protective steps for finances—through a guardianship of the estate or, if a financial agent is implicated, a court-ordered accounting.

Process & Timing

  1. Who files: An interested adult (such as you). Where: Clerk of Superior Court in the North Carolina county where your parent resides. What: Petition for Adjudication of Incompetence and Application for Appointment of Guardian (AOC‑SP‑200); request emergency/interim relief if needed. After appointment as guardian of the person, file a motion to suspend the health care agent for good cause. When: File as soon as safety or care is at risk; emergency relief can be sought immediately.
  2. If a financial agent is involved or records are needed, file a Chapter 32C petition with the Clerk to compel an accounting and address agent authority. In contested matters, a summons issues and the respondent typically has about 20 days to respond; hearings are often set within weeks, varying by county.
  3. Final orders may include: (a) an adjudication of incompetence; (b) appointment of a guardian of the person (and estate, if needed); (c) an order suspending the health care agent’s authority; and (d) orders compelling financial accountings and related relief. Letters of Guardianship issue after appointment.

Exceptions & Pitfalls

  • If your parent still has decision‑making capacity, the court will expect the parent—not the court—to revoke and name a new health care agent.
  • Courts often honor the parent’s prior nominations unless good cause is shown; document care failures, safety risks, and inconsistent decisions.
  • Damages claims (like breach of fiduciary duty for taking money) belong in superior court, not before the Clerk; consider parallel filings if recovery is needed.
  • Suspension differs from revocation: a suspended health care agent’s limited post‑death authority (remains, autopsy, anatomical gifts) can revive when guardianship ends; plan ahead.
  • Cross‑state issues: file in North Carolina where your parent lives; ensure proper service. If an agent lives out of state, be ready to address personal jurisdiction and use authenticated documents.

Conclusion

Under North Carolina law, you generally cannot oust a health care agent unless the parent revokes while competent or a guardian of the person is appointed and the court suspends the agent for good cause. Given Alzheimer’s and care concerns, the practical next step is to file AOC‑SP‑200 with the Clerk of Superior Court in your parent’s county and request appointment as guardian of the person, then move to suspend the health care agent’s authority. Seek emergency relief if safety is at risk.

Talk to a Guardianship Attorney

If you’re dealing with urgent questions about a sibling’s health care decisions and how to protect a parent in North Carolina, 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.

Category: Guardianship Q&A Series

Author: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.