Apr62026
Probate Q&A Series

Can I reimburse myself for travel expenses I paid while caring for a parent if I was acting under a power of attorney? – NC

Short Answer

Maybe. In North Carolina, an agent acting under a power of attorney may usually recover reasonable expenses paid on the parent’s behalf, but only if the power of attorney did not limit that right and the expenses were actually for the parent’s benefit. Reimbursement is much easier to defend when the agent kept accurate records, saved receipts, and did not mix personal spending with the parent’s money. After the parent’s death, disputes about those reimbursements can be reviewed by the clerk of superior court or, in some cases, by the superior court.

Understanding the Problem

In North Carolina probate matters, the single issue is whether an agent under a power of attorney can repay personal out-of-pocket travel costs from a parent’s funds when those trips were made to handle the parent’s care during illness or hospice. The answer usually turns on the agent’s authority, whether the spending truly benefited the parent, and whether the timing and records support the reimbursement. When the parent has died and a beneficiary objects, the question often shifts from simple repayment to whether the agent can prove the charge was proper.

Apply the Law

Under North Carolina law, an agent under a power of attorney is a fiduciary. That means the agent must act in good faith for the principal’s benefit, stay within the authority granted in the document, and keep accurate records of transactions made on the principal’s behalf. North Carolina procedure also allows court review of an agent’s conduct, including accountings, compensation, and questions about the agent’s authority.

Key Requirements

  • Authority under the power of attorney: The document must allow the agent to handle the parent’s finances, and it must not forbid reimbursement or self-payment for proper expenses.
  • Benefit to the parent: The travel expense must be reasonable and connected to the parent’s care, property, finances, or other authorized business, not a personal visit or mixed family expense.
  • Accurate records: The agent should be able to show dates, purpose, amount, mileage or travel costs, and receipts or other proof tying each charge to the parent’s needs.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the challenged reimbursement involves travel during the parent’s care and hospice period while the agent was acting under a power of attorney. That kind of expense may be reimbursable if the trips were reasonably necessary for the parent’s benefit, such as arranging care, handling finances, securing property, or meeting with providers, and if the agent can match each charge to records. The objection from a sibling beneficiary matters because once a parent has died, undocumented or mixed-purpose charges often draw closer scrutiny, especially when the same person also serves as trustee, executor, and beneficiary.

The vehicle transfer issue raises a separate warning sign. North Carolina law closely examines acts that benefit the agent personally, and a transfer made before death under a power of attorney is easier to defend when the document clearly authorized the act and the transfer served the parent’s interests rather than the agent’s alone. That same concern can affect travel reimbursements if the records do not clearly separate parent-related costs from personal travel.

North Carolina practice also puts weight on recordkeeping. Even when a power of attorney relaxes formal disclosure duties, courts can still require an accounting after death or during a dispute. In practical terms, reimbursement claims are strongest when the agent kept a mileage log, receipts, dates, destinations, and a short note showing why each trip was necessary for the parent.

Process & Timing

  1. Who files: the personal representative, trustee, agent, or an interested beneficiary with standing, depending on the dispute. Where: a proceeding may be brought to seek judicial relief concerning a power of attorney, and the proper forum can depend on the nature of the claim and the relief requested. What: a petition or civil proceeding seeking an accounting, review of reimbursement, or a ruling on the agent’s authority under the power of attorney. When: as soon as the dispute becomes clear; no single short deadline controls every reimbursement dispute, but delay can make proof harder and can complicate estate and trust administration.
  2. Next step with realistic timeframes; the court may require notice, supporting records, and a hearing. In a contested matter, the parties often exchange bank records, receipts, logs, and the power of attorney itself, and timing can vary by county.
  3. Final step and expected outcome/document: the court may approve the reimbursement, deny it, require partial repayment, compel a fuller accounting, or award other appropriate relief depending on the claims proved.

Exceptions & Pitfalls

  • Common exceptions/defenses that change the answer: the power of attorney may limit compensation or reimbursement, or it may require a stricter accounting than the default rule.
  • Common mistakes and how to avoid them: paying a flat amount without receipts, reimbursing mixed personal and parent-related travel, or taking repayment after death without tying it to pre-death authority and records.
  • Service/notice issues or tolling traps: once beneficiaries object, missing bank statements and failure to produce records can turn a reimbursement issue into a broader fiduciary dispute. Related concerns often overlap with handling the estate and trust fairly and with legal duties an executor has.

Conclusion

Yes, in North Carolina an agent under a power of attorney can often reimburse personal travel expenses paid while caring for a parent, but only when the expense was reasonable, for the parent’s benefit, and supported by clear records. The key threshold is proof that each charge fell within the agent’s authority and was not personal spending. The most important next step is to prepare and present a full accounting promptly if a beneficiary challenges the reimbursement.

Talk to a Probate Attorney

If a family is dealing with a dispute over power of attorney reimbursements, estate records, or transfers made before death, our firm has experienced attorneys who can help explain the rules, the records that matter, and the next procedural step. 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: Probate Q&A Series
Last Updated: April 6, 2026

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.