Jan282026
Guardianship Q&A Series

Can I still handle bills and manage our shared property if I’m already listed on the bank accounts but don’t have a power of attorney? – North Carolina

Short Answer

In North Carolina, being listed as a joint owner on a bank account often allows withdrawals and bill payments from that specific account even without a power of attorney, depending on how the account is titled and the bank’s signature rules. But being on the bank account does not automatically give authority to manage property that is only in a spouse’s name (like a house deed, vehicle title, or an individual investment account). If urgent decisions are needed and no valid power of attorney can be signed, a court-appointed guardianship (including an interim guardian in emergencies) may be the legal path to manage broader finances.

Understanding the Problem

In North Carolina, can a spouse keep paying household bills and handling shared finances when the other spouse is in the ICU and there is no signed power of attorney? The decision point is whether being listed on the bank accounts is enough authority to act, or whether a court order is needed to manage property and financial tasks beyond those accounts.

Apply the Law

North Carolina law generally allows a bank to honor withdrawals from a joint account by any named joint owner unless the account agreement requires more than one signature. That rule protects the bank when it pays funds to a joint owner. It does not automatically settle who “really owns” the money as between the spouses, and it does not grant authority over assets that are not part of that joint account. When broader authority is needed because a spouse cannot manage affairs, the Clerk of Superior Court (Estates/Guardianship) can appoint a guardian, and in urgent situations can appoint an interim guardian with limited powers for a short period.

Key Requirements

  • Account authority depends on the account contract: A joint owner can usually withdraw and pay bills from that joint account unless the bank’s agreement requires two signatures or otherwise restricts access.
  • Joint account access is not the same as full financial authority: Being on the account does not automatically allow changes to property titled only in the hospitalized spouse’s name, access to accounts held only in that spouse’s name, or signing contracts on that spouse’s behalf.
  • Guardianship is the court tool when authority is missing: If the spouse cannot sign a power of attorney and action is needed to prevent harm to the spouse’s estate, a guardianship case (and sometimes an interim guardian) can provide legal authority through the Clerk of Superior Court.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the spouse is hospitalized in the ICU and there is no signed power of attorney. If the bank accounts are truly joint accounts and the account agreement does not require two signatures, the listed joint owner can often keep paying routine bills from those accounts. But if a bill must be paid from an account titled only in the hospitalized spouse’s name, or if action is needed involving property titled only to that spouse, joint account access alone may not be enough and a guardianship (possibly an interim guardianship) may be needed to act legally and avoid financial harm.

Process & Timing

  1. Who files: Typically the spouse or another interested person. Where: The Clerk of Superior Court (Estates/Guardianship) in the county where the hospitalized spouse resides (or is present, depending on the situation). What: A petition to adjudicate incompetence and appoint a guardian, and if urgent, a verified motion asking for an interim guardian with specific limited powers. When: As soon as there is a real risk of missed payments, lapse of insurance, inability to access funds, or other imminent harm.
  2. Interim guardian hearing: After the motion is served, the clerk sets a hearing quickly; the hearing must be held as soon as possible and no later than 15 days after the motion is served on the respondent.
  3. Order and limits: If granted, the interim order should list specific powers (for example, paying certain bills, managing specific accounts, or taking steps to prevent loss). Interim authority is temporary and ends by the date in the order or by statutory time limits, or when a permanent guardian is appointed after an incompetency adjudication.

Exceptions & Pitfalls

  • Two-signature or restricted accounts: Some accounts require both signatures or have internal bank restrictions; even a joint owner may run into limits based on the account contract.
  • Using joint funds outside normal household purposes: Joint account access is not a blank check. Large transfers, unusual withdrawals, or using funds for non-household purposes can trigger disputes later, especially if the hospitalized spouse recovers and disagrees or if other family members challenge the transactions.
  • Property titled in one name: A joint bank account does not automatically allow selling, refinancing, retitling, or otherwise managing a home, vehicle, or other assets titled only in the hospitalized spouse’s name.
  • Mixing “healthcare decision” authority with “money” authority: Even when a spouse can speak with doctors, that does not automatically create authority to access accounts or sign financial documents. Financial authority usually requires a valid financial power of attorney or a court-appointed guardian of the estate.
  • Waiting too long to stabilize access: If income deposits, insurance premiums, mortgage payments, or other time-sensitive obligations depend on assets that cannot be accessed, delay can create avoidable harm and make an emergency filing more likely.

For a deeper discussion of what happens when a spouse cannot sign a power of attorney due to medical condition, see what happens if a spouse can’t wake up and understand a power of attorney.

Conclusion

In North Carolina, being listed on a joint bank account often allows bill-paying and withdrawals from that account even without a power of attorney, unless the account requires more than one signature. That access does not automatically extend to property or accounts titled only in the hospitalized spouse’s name. If immediate action is needed to prevent harm to the spouse’s finances and no power of attorney can be signed, the next step is to file a guardianship case with the Clerk of Superior Court and, if urgent, request an interim guardian; the interim hearing must be held no later than 15 days after service.

Talk to a Guardianship Attorney

If a spouse is in the ICU and bills, accounts, or property decisions cannot wait, our firm has experienced attorneys who can help explain options like joint-account access, limited steps that can be taken immediately, and whether an interim guardianship filing makes sense. Call us today at [CONTACT NUMBER].

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.