Jan162026
Estate Planning Q&A Series

How can I find out what a power of attorney agent is allowed to do if I can’t get a copy of the document? – North Carolina

Short Answer

In North Carolina, the agent’s authority comes from the written power of attorney (POA), so the most reliable way to learn what the agent can do is to locate the signed document or a recorded copy. If the POA was used for real estate, a copy (or certified copy) is often recorded with the county Register of Deeds, which can be searched. If the older relative still has capacity, the fastest “replacement” is usually for the older relative to revoke the old POA and sign a new one; if capacity is in doubt and exploitation is suspected, court involvement (often guardianship) and protective services may be needed.

Understanding the Problem

In North Carolina estate planning, the key decision point is whether the older relative (the “principal”) can still direct what happens with the power of attorney document and the agent’s role. If the principal can still make decisions, the principal can usually demand the document, revoke it, and sign a new power of attorney naming a different agent. If the principal cannot make decisions and the agent will not provide the document, the question becomes what lawful steps can be taken to confirm the agent’s authority and stop suspected financial exploitation or neglect.

Apply the Law

Under North Carolina law, a power of attorney is a written document that gives an agent authority to act for the principal. The agent’s power is limited by (1) what the document grants and (2) the general duties the law imposes on agents acting in a fiduciary role. When no copy is available, the practical legal options usually involve (a) locating a recorded copy (if one exists), (b) having the principal revoke and replace the POA if the principal has capacity, or (c) using court and protective-services processes when there are credible concerns about exploitation or neglect.

Key Requirements

  • Identify the type of authority at issue: A financial (general/durable) POA is different from a health care power of attorney, and each has different rules about when it becomes effective and what decisions it covers.
  • Confirm whether a public record exists: If the agent used the POA to transfer real estate, North Carolina law generally requires recording the POA (or a certified copy) with a Register of Deeds, which can make the document discoverable.
  • Match the remedy to capacity and risk: If the principal has capacity, revocation and a new POA is often the cleanest fix. If capacity is impaired and exploitation/neglect is suspected, reporting and court oversight may be necessary to protect the principal and the principal’s property.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The concern described involves suspected financial exploitation and neglect of an older relative by the current POA agent, plus an inability to get a copy of the document. Because the agent’s authority depends on what the POA actually says, the first practical legal step is to locate the document through places it is commonly stored or recorded. If the older relative still has capacity, revoking the old POA and signing a new one can remove the agent without needing to prove wrongdoing; if capacity is impaired, protective services and court oversight may be needed to stop harm and require transparency.

Process & Timing

  1. Who looks first: A trusted family member or attorney (with the principal’s permission if the principal has capacity). Where: The principal’s home files, safe deposit box records, prior attorney’s file, and the county Register of Deeds where the principal lives or owns real property. What: Request a copy of any recorded POA and check whether any deed or other recorded instrument references POA recording book/page information. When: As soon as concerns arise, especially if money is moving or bills and home upkeep are being missed.
  2. If a recorded copy exists: Use the recorded POA to read the scope (banking, gifts, real estate, beneficiary changes, etc.) and to identify whether it is “durable” and whether it has limits. Then consider immediate protective steps (for example, notifying financial institutions of suspected exploitation and asking what documentation they require to flag accounts).
  3. If no copy can be found: If the principal has capacity, the principal can sign a written revocation and execute a new POA naming a different agent, then provide the new POA to banks and other institutions. If the principal lacks capacity and exploitation/neglect is suspected, consider reporting to the county department of social services (for a disabled adult) and consulting counsel about a guardianship filing with the Clerk of Superior Court to obtain court authority and accounting-type oversight.

Exceptions & Pitfalls

  • Not all POAs are recorded: Many financial POAs are private documents unless used for a real estate transfer. If no real estate transaction occurred, the Register of Deeds may have nothing on file.
  • Health care vs. financial authority gets mixed up: A health care power of attorney covers medical decisions, not paying bills or managing property. A financial POA covers property and finances. The “allowed to do” question depends on which document is being discussed.
  • Capacity drives the solution: If the principal cannot understand and sign a revocation/new POA, trying to “replace” the POA without court involvement can backfire. In that situation, guardianship and protective services may be the safer path.
  • Assuming the agent can do anything: Even broad POAs do not give unlimited permission to self-deal. Transactions that benefit the agent instead of the principal can raise serious legal issues and may trigger civil claims or criminal investigation depending on the facts.
  • Waiting for proof before reporting: North Carolina law allows good-faith reporting of suspected abuse/neglect/exploitation of a disabled adult to DSS. When basic needs and home upkeep are being neglected, prompt reporting can help create a record and trigger an investigation.

For additional background on related issues, see revoke an existing power of attorney and appoint someone else and report suspected financial abuse.

Conclusion

In North Carolina, the only way to know exactly what a power of attorney agent is allowed to do is to review the signed POA (or a recorded copy). If the POA was used for real estate, a copy is often recorded with the Register of Deeds under N.C. Gen. Stat. § 47-28. If the older relative still has capacity, the most direct next step is to sign a written revocation and a new POA naming a different agent, then notify the institutions involved.

Talk to a Estate Planning Attorney

If you’re dealing with concerns that a power of attorney agent may be misusing an older relative’s money or neglecting basic needs, our firm has experienced attorneys who can help explain options for locating the document, replacing the agent, and using court or protective-services processes when needed. 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: Estate Planning 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.