Can a power of attorney be challenged or invalidated if the person may not have had capacity when they signed it? – North Carolina Short Answer Yes. In North Carolina, a power of attorney can be challenged if the person who signed it (the “principal”) did not have the mental capacity to understand what they…
What does the court need to see to approve guardianship for an adult parent? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court can appoint a guardian for an adult parent only after the court first finds the parent is legally “incompetent.” The court must see clear, cogent, and convincing evidence…
If there is already a medical power of attorney naming a primary and backup decision-maker, can another relative override it? – North Carolina Short Answer Usually, no. In North Carolina, a valid Health Care Power of Attorney (HCPOA) gives decision-making authority to the named health care agent, and that authority is intended to be binding…
What kind of records should I gather to show that money was taken improperly from the parent’s accounts? – North Carolina Short Answer In North Carolina, the most helpful records are the ones that (1) show what the parent owned, (2) show every withdrawal/transfer, and (3) show what the money was used for. Start with…
If I suspect the other agent is taking money, what steps can I take to protect the parent’s finances while I’m out of state? – North Carolina Short Answer In North Carolina, the fastest way to protect an ill parent’s finances when a co-agent under a power of attorney may be misusing funds is to…
What can I do if a family member tries to forge or improperly create a new power of attorney? – North Carolina Short Answer In North Carolina, a “new” power of attorney that was forged or signed when the person lacked capacity can often be challenged and treated as invalid. Practical steps usually include notifying…
What counts as power of attorney abuse or misuse of a parent’s money when I’m a co-agent too? – North Carolina Short Answer In North Carolina, power of attorney (POA) “abuse” usually means an agent uses a parent’s money for the agent’s own benefit (or someone else’s benefit) instead of for the parent, or acts…
Should I pursue guardianship or another court process to prevent family members from interfering with medical decisions? – North Carolina Short Answer In North Carolina, guardianship can stop family interference with medical decisions, but it is usually the most intrusive option and requires a court finding of incompetency. If a valid health care power of…
How do I know if a co-agent under a power of attorney is allowed to act alone or if both agents must approve decisions? – North Carolina Short Answer In North Carolina, the starting point is the power of attorney (POA) document itself: it can require co-agents to act together, or it can allow either…
How do I prove my child doesn’t have the capacity to sign a new medical power of attorney? – North Carolina Short Answer In North Carolina, the key issue is whether the person has enough understanding and capacity to make and communicate health care decisions at the time a new Health Care Power of Attorney…
