Can I recover damages if my agent under power of attorney had me hospitalized after a dispute? – North Carolina Short Answer Yes, under North Carolina law you can pursue monetary damages against an agent who breached fiduciary duties or acted outside their authority. Money claims (like breach of fiduciary duty) are filed in Superior…
What is the process to challenge a misused power of attorney? – North Carolina Short Answer In North Carolina, you can challenge a misused financial power of attorney by filing a verified petition for judicial relief. The Clerk of Superior Court can order the agent to account, suspend or limit the agent’s authority, require the…
What steps can I take if my agent under power of attorney misuses their authority and harms my business? – North Carolina Short Answer In North Carolina, you can revoke the power of attorney in writing and give immediate notice to the agent and any third parties relying on it. You can also petition the…
How can I revoke a power of attorney when the agent refuses to return the document? – North Carolina Short Answer In North Carolina, you can revoke a financial power of attorney at any time if you have capacity, even if the agent refuses to hand back the paperwork. Sign and notarize a written revocation,…
Can I legally execute documents on behalf of my child if they cannot physically sign at the facility? – North Carolina Short Answer Yes—under North Carolina law, your child (the principal) must execute a notarized power of attorney that names you as agent. If your child cannot physically sign, an adult may sign your child’s…
How do I become power of attorney to manage property owned by an incarcerated relative? – North Carolina Short Answer In North Carolina, your incarcerated relative (the “principal”) must sign a power of attorney in front of a North Carolina notary. The document should be durable and grant the specific authority you need—especially for real…
How do I find out the correctional facility’s policies for signing power of attorney forms? – North Carolina Short Answer In North Carolina, a power of attorney must be signed by the incarcerated person and acknowledged before a notary. Each prison or jail sets its own procedures for notary access, legal mail, and attorney visitation.…
How can I get a power of attorney signed by my child who is incarcerated? – North Carolina Short Answer In North Carolina, your incarcerated adult child can sign a financial power of attorney if they have capacity and sign before a notary. The document must be acknowledged (notarized) to be valid, and if you…
Do I need to record the POA with the register of deeds, and how is that done? – North Carolina Short Answer In North Carolina, a financial power of attorney does not need to be recorded to be valid. However, if an agent will sign and record a deed, deed of trust, or other real-estate…
What happens to the house after my parent’s death once it’s in an irrevocable trust? – North Carolina Short Answer In North Carolina, if the house is already titled in your parent’s irrevocable trust before death, it does not go through probate. The trustee follows the trust’s instructions: either retitle the house to the named…