Nov52025
Estate Planning Q&A Series

How can I revoke an existing power of attorney when my step-parent is hospitalized after a stroke? – North Carolina

Short Answer

In North Carolina, a competent principal may revoke any power of attorney at any time by a signed written revocation and by giving actual notice to the current agent and anyone relying on it. Replace the documents the same day: sign a new durable financial power of attorney before a notary, and a new health care power of attorney before two qualified adult witnesses and a notary. Bedside signing is allowed; plan for in‑person notarization and witnesses because pandemic video notarization expired.

Understanding the Problem

You want to know whether, in North Carolina, your step‑parent (the principal) can revoke an existing financial and medical power of attorney granted to a biological child and appoint you instead while hospitalized after a stroke. The principal can communicate and understands decisions but cannot travel, and the original attorney requires in‑person signing.

Apply the Law

Under North Carolina law, the principal controls who serves as financial agent and health care agent. If the principal has capacity, they may revoke current appointments and execute new ones. A financial (durable) power of attorney must be signed and acknowledged before a notary. A health care power of attorney must be signed before two qualified adult witnesses and acknowledged before a notary. Revocations and replacements are effective against third parties when they receive actual notice. If the prior agent obstructs, the Clerk of Superior Court can provide targeted relief.

Key Requirements

  • Capacity: The principal must understand the nature and effect of revoking and appointing agents.
  • Written revocation and notice: Prepare a signed revocation; deliver it to the current agent and anyone relying on the old document.
  • New financial POA execution: Sign a new durable power of attorney and acknowledge it before a notary; if the principal cannot physically sign, another person may sign the principal’s name at the principal’s direction and in the principal’s presence.
  • New health care POA execution: Sign before two qualified adult witnesses (disinterested and not involved in the principal’s care or inheritance) and a notary.
  • Recording when real property is involved: If the old financial POA was recorded or used for real estate, record the revocation (and new POA) with the county Register of Deeds.
  • No video signings: Emergency video witnessing/notarization authority expired; arrange in‑person notary and witnesses at the hospital.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Because your step‑parent can communicate and understands decisions, they have the capacity to revoke and replace the current agents. They should sign a written revocation of the financial POA and provide actual notice to the biological child and to any bank or institution relying on it, then sign a new financial POA before a notary at the hospital. They should also execute a new health care POA before two qualified adult witnesses and a notary and give copies to the hospital so staff follow the new agent’s decisions.

Process & Timing

  1. Who files: The principal. Where: At the hospital bedside with a mobile notary; recording, if needed, at the county Register of Deeds. What: Written Revocation of Power of Attorney; new North Carolina Statutory Form Power of Attorney (Chapter 32C) and a Health Care Power of Attorney (Chapter 32A). When: As soon as possible; provide written notice to the prior agent and affected institutions immediately after signing.
  2. Arrange in‑person execution at the hospital: schedule a notary and two qualified witnesses (for the health care POA). The principal signs; for the financial POA, if physically unable, another person may sign the principal’s name in the principal’s presence at the principal’s direction. Provide copies of the new health care POA to the attending team so it is used right away.
  3. If the old financial POA was recorded or used for real estate, record the revocation and the new POA with the Register of Deeds in each county where property is located. If the former agent resists, seek relief with the Clerk of Superior Court to limit or suspend the agent and compel an accounting.

Exceptions & Pitfalls

  • If the principal lacks capacity, they cannot revoke; you may need a guardianship and court orders that suspend an agent’s authority.
  • Hospitals cannot use a new health care POA until they have an executed original or copy; make sure staff receive it and place it in the chart.
  • Witness disqualifications apply for health care POAs; do not use relatives, heirs, the attending physician, or staff providing direct care.
  • Remote/video notarization and video witnessing authorizations have expired; plan for in‑person notarization and witnesses.
  • For real property, failure to record the revocation/new financial POA can cause third parties to rely on the old POA.

Conclusion

In North Carolina, a competent principal can revoke an existing financial and health care power of attorney and appoint a new agent, even from a hospital bed. Do it in writing, give actual notice to the current agent and users of the document, then execute a new durable financial POA before a notary and a new health care POA before two qualified witnesses and a notary. Next step: arrange bedside signing and immediately deliver revocation notices and copies to the hospital and any financial institutions.

Talk to a Estate Planning Attorney

If you’re dealing with revoking and replacing powers of attorney during a hospitalization, our firm has experienced attorneys who can help you understand your options and timelines. 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: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.