Nov242025
Guardianship Q&A Series

How do I protect my parent’s wishes when the appointed agent refuses to follow them? – North Carolina

Short Answer

In North Carolina, the first question is whether the parent still has decision-making capacity. If so, the parent can revoke the power of attorney in writing and name a new agent. If capacity is impaired, an interested person can ask the Clerk of Superior Court to review the agent’s conduct, compel an accounting, and, if needed, start a guardianship case to limit or replace the agent’s authority. Courts favor the least restrictive option that protects the parent’s stated wishes and best interests.

Understanding the Problem

The issue is narrow: in North Carolina, can a concerned family member stop an existing power-of-attorney agent from acting against a parent’s known wishes, and what relief is available to restore appropriate decision-making? The actors are the parent (principal), the current agent under a power of attorney, and an interested relative seeking court oversight or a change in decision-maker. The trigger is the agent’s refusal to follow the parent’s instructions or known preferences, especially after a dementia diagnosis.

Apply the Law

North Carolina law looks first to the parent’s capacity. A capable principal may revoke a power of attorney and appoint a new agent. When capacity is in doubt or impaired, the matter proceeds in the Clerk of Superior Court. The court can order an accounting, restrict or disqualify an agent, and, if necessary, appoint a limited or general guardian. Guardianship is a special proceeding, and the Clerk must consider less-restrictive alternatives and the parent’s expressed wishes before removing rights. Restoration is available if capacity later improves.

Key Requirements

  • Capacity checkpoint: If the parent still understands choices and consequences, the parent may revoke the POA and sign a new one.
  • Standing: An “interested person” (such as an adult child) may seek court review of an agent’s conduct or petition for guardianship when the principal cannot protect themselves.
  • Forum and venue: File in the Clerk of Superior Court in the North Carolina county where the parent resides.
  • Evidence: Provide facts showing the agent is not following the parent’s wishes or fiduciary duties; include medical information relevant to capacity.
  • Least-restrictive approach: Courts favor monitoring, accountings, or limited guardianship before broader removal of rights.
  • Change or remove fiduciary when warranted: The court may limit, replace, or remove a guardian for cause and can appoint a successor; similar relief can be ordered regarding an agent’s conduct.
  • Restoration option: If capacity improves, the court may restore rights and scale back or end guardianship.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The parent has early-stage dementia and a sibling-agent is refusing to follow the parent’s wishes. First, assess capacity. If the parent still understands and can make decisions, a written revocation and new POA aligns with the capacity element. If capacity is impaired, an adult child has standing to seek judicial relief to compel the agent to account or to limit the agent’s powers. If protective measures are insufficient, a limited or general guardianship before the Clerk may replace the agent’s control while honoring the parent’s known preferences.

Process & Timing

  1. Who files: An interested person (e.g., adult child). Where: Clerk of Superior Court in the parent’s North Carolina county of residence. What: (a) Petition for judicial relief regarding a power of attorney (to compel accounting or restrict/replace the agent); or (b) Petition for Adjudication of Incompetence and Application for Appointment of Guardian (AOC-SP-200) seeking a limited or general guardian. When: File promptly once the agent refuses to follow the parent’s wishes and the parent’s capacity is doubtful.
  2. After filing, the Clerk issues process for service under the Rules of Civil Procedure, may appoint a guardian ad litem to protect the parent’s interests, and can order evaluations. A hearing is scheduled after proper notice; timing varies by county and case complexity.
  3. The Clerk enters a written order: possible outcomes include requiring an accounting, restricting or suspending the agent’s authority, appointing a limited or general guardian, and, if capacity later improves, restoring rights.

Exceptions & Pitfalls

  • If the parent still has capacity, only the parent—not relatives—can revoke and change the POA; gather medical support to avoid a premature guardianship filing.
  • Courts prefer less-restrictive alternatives; request accountings or targeted limits before seeking full guardianship unless urgent protection is needed.
  • Service and notice must follow Rule 4; incomplete service delays hearings and orders.
  • Conflicts of interest may trigger guardian ad litem appointment; plan for that added step.
  • If a guardian is later appointed but fails duties, removal requires evidence of cause; keep records of concerns and communications.

Conclusion

Under North Carolina law, protection starts with capacity. If the parent remains capable, the parent may revoke the POA and sign a new one. If capacity is impaired and an agent ignores the parent’s wishes, an interested person may petition the Clerk of Superior Court to compel an accounting, restrict or replace the agent, or, if necessary, appoint a limited or general guardian. Next step: file the appropriate petition with the Clerk in the parent’s county and request early accounting and protective orders.

Talk to a Guardianship Attorney

If you’re dealing with an agent who won’t follow a parent’s wishes and capacity is in question, 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.