Jan62026
Guardianship Q&A Series

How do I challenge a power of attorney if the person who signed it was bedridden or not mentally competent at the time? – North Carolina

Short Answer

In North Carolina, a power of attorney can be challenged by asking the Clerk of Superior Court to step in—often through an incompetency/guardianship case—when there are serious concerns that the person who signed it lacked mental capacity or was improperly influenced. A guardianship case can also create a court-supervised decision-maker who can restrict or suspend an agent’s authority in certain situations. If the immediate goal is to stop questionable spending, the fastest practical path is often to pursue a court process that puts clear limits in place and creates enforceable orders.

Understanding the Problem

In North Carolina, the key question is: can a family member or other concerned person ask the court to set aside or limit a power of attorney when the older adult was bedridden or not mentally competent when signing? The practical issue usually involves an agent using the document to access bank accounts, credit cards, or other property, and the family wants financial activity limited to the older adult’s needs. The decision point is whether the situation calls for a direct challenge to the document’s validity, a court-supervised guardianship that overrides day-to-day control, or both.

Apply the Law

North Carolina generally treats a power of attorney as valid only if the person signing it (the “principal”) had sufficient mental capacity at the time of signing and signed voluntarily. When capacity is in doubt, or when someone may have pressured the principal, the dispute often ends up in front of the Clerk of Superior Court through an incompetency/guardianship proceeding. In that setting, the court can appoint a guardian and, depending on the type of authority involved (especially health care decision-making), the guardian can petition the Clerk to suspend an agent’s authority. The core trigger is evidence that the principal could not understand what was being signed or could not make or communicate decisions at the time the power of attorney was executed.

Key Requirements

  • Proof of lack of capacity at signing: Evidence that the principal could not understand the nature and effect of signing a power of attorney at the time it was executed (not just that the principal was ill or later declined).
  • Proof of improper pressure (if alleged): Facts showing the agent or another person overcame the principal’s free choice (for example, isolating the principal, controlling access to information, or pushing a rushed signing).
  • A court process that creates enforceable limits: A filing in the right forum—often an incompetency/guardianship matter before the Clerk of Superior Court—so the court can appoint a guardian and issue orders that third parties (like banks) can rely on.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts raise two common grounds for a challenge: (1) the older adult may not have had the mental capacity to understand the power of attorney when it was signed, and (2) a relative may have improperly obtained the document and is now using it to access accounts and credit. If the older adult was bedridden but still understood what the document did, being physically weak alone may not invalidate the power of attorney. If medical records, witness accounts, or the signing circumstances show confusion, inability to understand finances, or inability to communicate decisions at the time of signing, those facts support a court request to restrict the agent’s authority and potentially set the document aside.

Process & Timing

  1. Who files: A concerned family member or other responsible person. Where: The Clerk of Superior Court in the county where the older adult resides in North Carolina. What: A verified petition asking the Clerk to adjudicate incompetence and appoint a guardian (the court’s forms and filing requirements can vary by county). When: As soon as there is credible concern about capacity and ongoing financial risk, because delay can make it harder to stop transactions and preserve records.
  2. Investigation and hearing: The process typically involves notice to interested persons and a hearing where the Clerk considers evidence about the older adult’s functional ability and decision-making. Medical information and testimony from people who observed the older adult near the signing date often matter.
  3. Orders that change control: If the Clerk finds the older adult incompetent and appoints a guardian, the guardian can take over decision-making within the scope of the appointment. In appropriate cases involving health care decision-making, the guardian can petition the Clerk to suspend a health care agent’s authority.

Exceptions & Pitfalls

  • Bedridden does not always mean incapacitated: Physical frailty alone may not prove lack of capacity; the focus is the principal’s understanding at the time of signing.
  • Capacity is time-specific: Evidence must tie to the signing window. A later diagnosis or later decline may not prove incapacity on the signing date without supporting facts.
  • Mixing up health care and financial authority: North Carolina law treats health care agent authority differently from financial authority. A guardianship order may address one area more clearly than the other depending on what documents exist and what relief is requested.
  • Bank “freeze” expectations: Banks often require clear court authority before restricting an agent’s access. A court order is usually more effective than informal family requests.
  • Notice and service problems: Guardianship and related petitions require proper notice to the right people. Mistakes can delay the hearing and leave the agent in control longer.

Conclusion

In North Carolina, challenging a power of attorney signed by a bedridden or mentally impaired person usually means bringing the dispute to the Clerk of Superior Court, often through an incompetency and guardianship proceeding. The key issue is whether the principal had mental capacity and acted voluntarily at the time of signing. When financial activity needs to be limited quickly, the most direct next step is to file a verified incompetency petition with the Clerk of Superior Court in the county of residence so the court can appoint a guardian and enter enforceable orders.

Talk to a Guardianship Attorney

If a relative is using a power of attorney to access an older adult’s money and the signing circumstances raise capacity concerns, our firm has experienced attorneys who can help explain options, prepare the right filings, and focus on 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: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.