Short Answer

In North Carolina, you can revoke a power of attorney if you still have capacity, and you should give written notice of the revocation to the agent and all banks, vendors, and business partners. If the agent overreached or will not step aside, you can petition the Clerk of Superior Court to compel an accounting, determine or limit the agent’s authority, and seek orders that suspend the agent or require return of documents; for urgent harm to the business, ask a Superior Court judge for a temporary restraining order.

Understanding the Problem

You’re the principal (company owner) in North Carolina, and an agent named in your financial power of attorney has taken actions that displaced your control over the company. You want to revoke the POA and stop the agent from acting, but the agent refuses to surrender the paperwork.

Apply the Law

North Carolina’s Uniform Power of Attorney Act sets the rules. An agent owes duties of loyalty, good faith, recordkeeping, and acting within the authority granted in the POA. Certain high‑risk powers (like gifts or changing business interests) require a specific grant in the document. The principal may revoke the POA while competent, but third parties can rely on the POA until they receive actual notice that it ended. You can seek judicial relief to compel an accounting, determine or limit authority, suspend or remove the agent, and obtain injunctions to prevent further harm. Proceedings to compel accountings and resolve authority disputes begin with the Clerk of Superior Court; claims for money damages and emergency injunctions are brought in Superior Court.

Key Requirements

• Capacity and Revocation: If you have capacity, sign a written revocation and deliver it to the agent; record it if the POA was recorded.
• Scope of Authority: Confirm what your POA actually authorizes; “hot powers” (e.g., gifts) require an express grant; “operation of a business” may be authorized by statute if included.
• Notice to Third Parties: Give actual written notice of revocation or suspension to banks, vendors, and partners; third parties may rely on a POA until notified.
• Judicial Relief: File with the Clerk of Superior Court to compel an accounting, determine or limit authority, and seek suspension or removal; seek a Superior Court order for injunctions and damages.
• Guardianship Interface: If you lack capacity, a guardian of the estate or general guardian can revoke or amend the POA and step into control; appointment does not automatically revoke the POA.

What the Statutes Say

• North Carolina Gen. Stat. § 32C-1-114 (Agent’s duties) – Agent must act in good faith, within scope, keep records, and act loyally.
• North Carolina Gen. Stat. § 32C-1-116 (Judicial relief) – Clerk/Superior Court can compel accountings, determine authority, and more.
• North Carolina Gen. Stat. § 32C-1-110 (Termination) – How a POA or agent’s authority ends, including revocation.
• North Carolina Gen. Stat. § 32C-2-209 (Operation of business or entity) – Sets default business powers an agent may exercise if granted.

Analysis

Apply the Rule to the Facts: You co-founded the clothing company and still own it, so you can revoke your financial POA if you have capacity. Because the agent used the POA to displace your control and won’t surrender documents, deliver a written revocation to the agent and all relevant third parties and, if the POA was recorded, record your revocation. Then file with the Clerk of Superior Court to compel an accounting and determine or limit the agent’s authority, and ask the court to order the agent to stop acting and to return POA copies; if the business is being harmed now, seek a temporary restraining order in Superior Court.

Process & Timing

1. Who files: The principal. Where: Clerk of Superior Court in the North Carolina county of the principal’s residence or where the agent resides or property is located. What: Verified petition under the power-of-attorney judicial relief statute; use the Estates Proceedings Summons (AOC‑E‑102) to serve respondents; include requests to compel an accounting, determine/limit authority, suspend/remove, and order surrender of documents. When: File immediately after issuing written revocation and notices.
2. For urgent harm (e.g., blocked accounts or disrupted operations), file in Superior Court for a temporary restraining order and preliminary injunction while the clerk proceeding is pending; timelines vary by county, but TROs can be heard on short notice.
3. After hearing, expect a written order that may suspend or remove the agent, require an accounting, direct return of documents, and confirm your authority. Provide the order to banks, vendors, and partners; if the POA was recorded, record the revocation and, if helpful, the court order with the Register of Deeds.

Exceptions & Pitfalls

• If your POA expressly grants “operation of business” powers, some actions may be authorized; focus your petition on breaches (self-dealing, lack of records, acting against your interests) and on limiting or suspending authority going forward.
• Simply taking back the paper POA does not end authority. You must revoke in writing and give actual notice; record the revocation if the POA was recorded.
• If you lack capacity, you cannot revoke; a guardian of the estate or general guardian can be appointed and then revoke or amend the POA. Appointment alone does not automatically cancel the POA.
• Serve all necessary parties and use the correct forum. The Clerk handles accountings and authority questions; money-damages claims and emergency injunctions belong in Superior Court.
• Multiple POAs can exist. Revoke each instrument you no longer want in effect and notify all third parties who may rely on them.

Talk to a Estate Planning Attorney

If you’re dealing with a power-of-attorney agent interfering with your company, 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.