Jan212026
Guardianship Q&A Series

What kind of evidence helps prove undue influence or lack of capacity when a relative gets power of attorney over an older adult? – North Carolina

Short Answer

In North Carolina, the most helpful evidence usually falls into two buckets: (1) proof the older adult lacked the mental ability to understand what a power of attorney did when it was signed, and/or (2) proof someone pressured or manipulated the older adult so the document reflected the influencer’s wishes instead of the older adult’s free choice. Strong evidence often includes medical records close in time to signing, testimony from neutral witnesses (like the notary or other witnesses), and a clear “paper trail” showing isolation, control, or sudden changes that benefit the new agent.

Understanding the Problem

In North Carolina guardianship disputes, a common question is what evidence shows that an older adult did not truly choose a relative to act under a durable power of attorney because the older adult lacked capacity or was unduly influenced at the signing. The decision point is whether the power of attorney reflects the older adult’s own understanding and free will at the time it was executed, especially when dementia-like symptoms were present and a spouse did not know the document was being signed.

Apply the Law

North Carolina law generally treats a power of attorney as valid if the principal had sufficient mental ability to understand what was being signed and signed voluntarily. Challenges often focus on (a) capacity at the time of signing and (b) undue influence—pressure or manipulation that overcomes the principal’s free will. When the dispute escalates into a guardianship case, the Clerk of Superior Court is the main decision-maker for the incompetency and guardian appointment process and can receive the evidence the clerk deems necessary to determine the nature and extent of needed guardianship.

Key Requirements

  • Capacity at the time of signing: Evidence must focus on the principal’s mental ability on the signing date—whether the principal understood, in a practical sense, what a power of attorney does and what authority was being given to the agent.
  • Undue influence indicators: Evidence commonly tracks four themes: the principal was vulnerable; the relative had the chance to apply pressure; the relative had a motive or willingness to do so; and the final result looks suspicious (for example, a sudden change that benefits the relative and cuts out the spouse).
  • Reliable proof and timing: Evidence closest in time to the signing usually carries the most weight—medical notes, witness observations, and communications around the execution date.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts describe dementia-like symptoms and a durable power of attorney signed in favor of an adult relative without the other spouse’s knowledge. Evidence that helps most will focus on the impaired spouse’s mental functioning at the time of signing (capacity) and whether the relative controlled access, arranged the signing, or steered the impaired spouse toward a result that does not match prior wishes (undue influence). Because the concern is what happened at the signing, documents and witnesses tied closely to that date are usually the most persuasive.

Evidence that tends to prove lack of capacity

  • Medical records close in time to signing: Primary care notes, neurology notes, hospital records, memory clinic testing, and medication lists from the weeks or months around execution. Notes describing confusion, disorientation, hallucinations, inability to manage medications, or inability to understand finances can be important.
  • Cognitive testing and diagnoses (with dates): Screening tests and formal evaluations can help show whether the principal could understand and appreciate what a power of attorney does on the relevant date.
  • Functional evidence: Proof the principal could not handle daily tasks tied to decision-making—missed bills, repeated scams, unsafe driving incidents, inability to follow basic instructions, or needing constant cueing.
  • Witness observations from neutral people: Testimony from the notary, witnesses, bank staff, facility staff, or health care providers about whether the principal appeared to understand the document and the consequences.
  • Consistency evidence: Prior estate planning documents, prior powers of attorney, or long-standing expressed preferences that conflict sharply with the new document can support the argument that the principal did not understand what was being changed.

Evidence that tends to prove undue influence

  • Vulnerability: Proof of cognitive decline, dependence for transportation or medication, grief, fear, or isolation—especially if the principal relied heavily on the relative who became agent.
  • Opportunity and control: Evidence the relative controlled appointments, mail, phone access, visitors, or transportation; screened calls; or kept the spouse out of meetings where the document was discussed or signed.
  • “Procurement” facts (how the document got signed): Who selected the lawyer (if any), who transported the principal, who was present in the room, who paid, who explained the document, and whether the principal had private time to ask questions. A signing arranged and managed by the new agent can be a red flag.
  • Sudden change and suspicious timing: A new power of attorney signed during a hospitalization, shortly after a diagnosis, or during a period of confusion—especially if it replaces a spouse or long-trusted agent.
  • Unnatural or one-sided result: A document that gives unusually broad authority, immediately cuts out the spouse, or is paired with rapid transfers or account changes can support an inference of undue influence.
  • Communications and paper trail: Texts, emails, voicemails, and letters showing pressure (“sign this today”), threats, misinformation, or coaching. Bank records showing the relative’s increased control right after signing can also matter.

Process & Timing

  1. Who files: Typically the concerned spouse or another interested person. Where: The Clerk of Superior Court in the county where the older adult resides. What: A verified petition to adjudicate the adult incompetent and request appointment of a guardian. When: As soon as there is a credible concern about capacity, undue influence, or misuse of authority, because delay can make evidence harder to obtain.
  2. Evidence gathering: The case often turns on records and witnesses near the signing date—medical records, facility logs, notary/witness testimony, and financial records. The clerk can receive evidence the clerk deems necessary and may address whether additional evaluations are needed as part of the guardianship process.
  3. Hearing and outcome: If the clerk adjudicates incompetence, the clerk decides the nature and extent of guardianship (including limited guardianship when appropriate) and appoints a suitable guardian. That appointment can change who has legal authority going forward and can also create a framework to challenge or limit actions taken under a disputed power of attorney.

Exceptions & Pitfalls

  • Focusing on the wrong date: Dementia symptoms alone do not automatically prove incapacity. The key is the principal’s condition and understanding at the time the power of attorney was executed.
  • Relying only on family opinions: Family testimony can help, but neutral proof (medical providers, facility staff, notary/witnesses, contemporaneous documents) is often more persuasive.
  • Confusing “unfair” with “undue influence”: A decision that seems unwise or hurtful is not automatically undue influence. Evidence should show pressure, manipulation, isolation, or a process that overcame free choice.
  • Missing the paper trail: Bank statements, signature cards, transaction histories, and communications can show when control shifted and whether the new agent benefited. Waiting too long can make these harder to obtain.
  • Overlooking related remedies: Depending on what the agent did, there may be additional court options beyond guardianship. For more on challenging a questionable document, see what can be done if a power of attorney was forged or improperly created and how a durable power of attorney can be challenged when dementia symptoms were present.

Conclusion

In North Carolina, the most useful evidence to prove lack of capacity or undue influence in a power of attorney dispute is evidence tied closely to the signing date: medical records and cognitive findings, neutral witness testimony about the signing, and documents showing isolation, control, or a sudden change that benefits the new agent. In a guardianship setting, the Clerk of Superior Court can receive the evidence needed to decide the nature and extent of guardianship. A practical next step is to file a verified incompetency petition with the Clerk of Superior Court promptly to preserve evidence and address decision-making authority.

Talk to a Guardianship Attorney

If a relative obtained a power of attorney over an older adult and there are concerns about dementia symptoms, pressure, or a signing that did not reflect the older adult’s true wishes, our firm has experienced attorneys who can help explain options and timelines under North Carolina guardianship law. 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.