How do I demand an accounting or obtain records from a power of attorney agent? – North Carolina

Short Answer

In North Carolina, an agent under a power of attorney must keep records and, when the right person asks or a court orders it, provide an accounting with supporting documents. If an agent refuses or the requestor is not one of the specifically listed parties, an “interested person” may petition the Clerk of Superior Court to compel an accounting and production of records. Claims for money damages must be filed in Superior Court.

Understanding the Problem

The narrow question is: in North Carolina, how can a concerned person require a power of attorney agent to account and turn over records? This sits at the intersection of estate planning and fiduciary oversight. The decision point is whether a proper request or a court petition is needed to compel an accounting, and which forum—Clerk of Superior Court or Superior Court—hears it.

Apply the Law

North Carolina’s power of attorney law requires agents to act as fiduciaries, keep records, and disclose information when the law authorizes it. The primary forum to compel an accounting is the Clerk of Superior Court, which has original authority to order an agent to provide an accounting and supporting documentation. Separate lawsuits for monetary relief proceed in Superior Court. Venue generally lies where the principal lives, where the agent lives, or where the principal’s property is located.

Key Requirements

Who can ask: The principal, a court‑appointed guardian, or after death the personal representative may demand records; others may seek court relief as an “interested person.”
Agent’s duty: The agent must keep accurate records and substantiate transactions; disclosure follows a proper request or court order.
Proper forum: The Clerk of Superior Court handles petitions to compel an accounting and related administrative relief; Superior Court handles monetary damages.
Relief available: Orders to account, produce documents, limit or suspend authority, appoint a special fiduciary, and other protective measures.
Venue options: County of the principal’s residence, the agent’s residence, or the location of the principal’s property.
Procedure wrapper: Proceedings to compel an accounting start as estate‑type proceedings; discovery may be tailored by the clerk.

What the Statutes Say

N.C. Gen. Stat. § 32C-1-114 (Agent’s duties; recordkeeping and disclosure) – requires recordkeeping and allows disclosures when requested or ordered.
N.C. Gen. Stat. § 32C-1-116 (Judicial relief) – authorizes petitions to compel an accounting; sets forum, standing, and venue.
N.C. Gen. Stat. § 32C-1-117 (Agent’s liability and remedies) – lists court remedies and addresses fees in breach actions.
N.C. Gen. Stat. § 28A-2-6 (Estate proceedings procedure) – governs how clerk proceedings are commenced and conducted.

Analysis

Apply the Rule to the Facts: If an agent refuses an informal request for records, a listed party (the principal, a guardian, or a personal representative after death) may demand disclosure directly; otherwise, an interested person may file a petition with the Clerk of Superior Court to compel an accounting. If the accounting reveals losses or self‑dealing, a separate Superior Court action may seek monetary relief. If the goal is immediate oversight or to suspend authority, the clerk can order targeted non‑monetary relief.

Process & Timing

Who files: The principal, a guardian, a personal representative, or any interested person. Where: Clerk of Superior Court in a North Carolina county where the principal resides, the agent resides, or the principal’s property is located. What: A verified petition under Chapter 32C asking to compel an accounting and production of records (and, if needed, to limit or suspend authority). When: File as soon as concerns arise; procedures and scheduling vary by county.
The clerk issues notice and sets a hearing. The agent is served. The clerk may direct limited or expanded discovery and can order an accounting with supporting documents within a set timeframe. County practices and timelines vary.
Final step and expected outcome/document: The clerk enters an order compelling an accounting and any protective relief. If misconduct appears and monetary recovery is sought, file a separate civil action in Superior Court for damages under the power of attorney statutes.

Exceptions & Pitfalls

POA waivers do not block court review: Even if a document waives accountings, the clerk can still order one, and listed parties may demand records.
Wrong forum: The clerk cannot award money damages; breach and damages claims belong in Superior Court.
Standing: “Interested person” is broad but not unlimited; be ready to show a concrete interest in the principal’s property or welfare.
Jurisdiction and service: Out‑of‑state agents may contest personal jurisdiction; tie their actions to North Carolina and ensure proper service per clerk proceedings.
Scope and privacy: Tailor requests to relevant dates and accounts; overbroad demands risk delay or denial.
Asset preservation: If dissipation is a risk, consider protective orders; emergency injunctive relief generally proceeds in Superior Court.

Conclusion

North Carolina law lets the Clerk of Superior Court compel a power of attorney agent to account and produce records, and it allows targeted non‑monetary relief to protect the principal. Listed parties can demand records directly; others petition as interested persons. File a verified petition with the Clerk of Superior Court in the proper county to obtain an accounting and supporting documents, and bring any claim for monetary damages separately in Superior Court.

Talk to a Estate Planning Attorney

If you’re dealing with a power of attorney dispute or need to compel an accounting, 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.