Jan242026
Guardianship Q&A Series

Can a power of attorney let me talk to the bank, open a new account, and stop someone else from accessing my child’s money? – North Carolina

Short Answer

In North Carolina, a properly signed power of attorney can often allow an agent to communicate with a bank and handle many account tasks, but it does not automatically let the agent “lock out” other people who are already authorized on the account. Whether an agent can open a new account depends on the bank’s policies and the powers granted in the document. If someone else is already accessing the adult child’s money and will not stop, a court-ordered guardianship (or other court relief) may be needed to change who has legal control.

Understanding the Problem

In North Carolina, when an adult child is hospitalized long-term and has limited ability to communicate, the key question is whether a parent can use a power of attorney to handle bank communications, open an account for the adult child, and prevent another person from accessing the adult child’s funds. The decision point is whether the adult child can still validly sign new documents (including a financial power of attorney and a health care power of attorney) or whether court involvement is needed to shift control. The answer turns on the scope of the document, the bank’s requirements, and whether another person already has account authority that a power of attorney cannot unilaterally erase.

Apply the Law

North Carolina generally allows an adult with capacity to appoint an agent to act through a power of attorney. Banks and other financial institutions commonly require a written power of attorney and may have internal procedures before they will recognize it. Separately, North Carolina has a specific statutory framework for a health care power of attorney, which can authorize a health care agent to receive medical information and make health care decisions when the principal cannot make or communicate those decisions.

Key Requirements

  • A valid document signed by a competent adult: The adult child must have enough understanding and capacity to sign the power of attorney being used (financial and/or health care). If the adult child cannot validly sign now, a parent usually cannot “create” a power of attorney for the adult child without court authority.
  • The right type of power of attorney for the task: A health care power of attorney covers medical decisions and access to medical information, but it does not give general authority over money. A financial power of attorney is typically needed for banking and other financial matters.
  • Bank recognition and account authority rules: Even with a valid power of attorney, the bank may require review, may insist on its own forms, and may continue to honor other authorized signers on an account until the account authority is changed through the bank’s procedures or a court order.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the adult child is hospitalized long-term and has limited ability to communicate. If the adult child still has capacity to sign documents, a health care power of attorney can address medical decision-making and access to medical information, and a financial power of attorney can help with banking and other financial tasks. If the adult child cannot validly sign now, a power of attorney may not be available as a practical solution, and a guardianship case may be the tool that gives a parent legal authority over health care decisions (guardian of the person) and/or finances (guardian of the estate).

Process & Timing

  1. Who signs/files: If capacity exists, the adult child signs the documents. If capacity does not exist, a family member typically files a guardianship petition. Where: For banking steps, the financial institution. For guardianship, the Clerk of Superior Court in the county where the adult child resides or is present in North Carolina (county rules can vary). What: Banks often require the original or a certified copy of the power of attorney and may require their own agent certification or internal forms; health care providers often request a copy of the health care power of attorney. When: As soon as possible, because delays can allow continued withdrawals or missed bill payments.
  2. Bank implementation step: The bank typically reviews the document, confirms identity, and then adds the agent as an authorized person to transact under the power of attorney. Some banks will allow opening a new account in the principal’s name through an agent; others may require the principal’s in-person signature or additional documentation.
  3. Stopping someone else’s access: If another person is already a joint owner, signer, or agent on the account, the bank may not remove that person based only on a power of attorney. Often, changing that access requires (a) the account owner’s direct action (if capable), (b) moving funds to a new account that the other person cannot access (if permitted and lawful), and/or (c) a court order through guardianship or other court proceedings.

Exceptions & Pitfalls

  • Capacity is the gatekeeper: A power of attorney is only as strong as the principal’s ability to validly sign it. Limited communication does not always mean lack of capacity, but if capacity is not present, the document can be challenged or refused.
  • Health care POA is not a money tool: A health care power of attorney can be very helpful for medical decisions and information sharing, but it does not give general authority over bank accounts or other finances.
  • A POA usually cannot “override” existing account authority: If another person is already on the account (joint owner, authorized signer, or agent under a separate arrangement), a power of attorney does not automatically cancel that authority. That is a common reason families end up needing guardianship or emergency court help. For a related discussion, see stop someone from accessing an incapacitated relative’s bank accounts.
  • Bank-by-bank requirements: Even when North Carolina law supports recognition of a written power of attorney, banks often have compliance steps that slow things down. Planning for certified copies, ID requirements, and internal review can prevent delays.

Conclusion

In North Carolina, a power of attorney can often allow an agent to speak with a bank and handle many financial tasks, and a separate health care power of attorney can cover medical decisions when the adult child cannot make or communicate them. But a power of attorney does not automatically remove other people who already have access to an account. The next step is to have the adult child sign the appropriate power of attorney documents if capacity allows; if not, filing for guardianship with the Clerk of Superior Court is often the way to obtain enforceable authority.

Talk to a Guardianship Attorney

If a hospitalized adult child cannot communicate well and someone else may be accessing the child’s money, a power of attorney may help, but guardianship may be needed to secure clear legal authority. Our firm has experienced attorneys who can help explain options, bank hurdles, 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: Guardianship 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.