Short Answer

Yes, but how you get them depends on the type of account and your parent’s capacity. In North Carolina, a court can order a trustee to provide trust records and an agent under a power of attorney (POA) to produce an accounting. If the trust is still revocable and your parent is capable, the trustee’s duties run primarily to your parent; if your parent lacks capacity, you or another interested person can ask the Clerk of Superior Court to compel accountings and issue protective orders.

Understanding the Problem

You want to know if you can see your parent’s financial records for a family trust and accounts managed under a financial power of attorney. You’re in North Carolina; your sibling is both the trustee and the POA, and you suspect misuse of funds while your parent is in hospice at home. Caregivers are following your sibling’s instructions and blocking contact, and your demand letter went unanswered.

Apply the Law

Under North Carolina law, trustees must keep records and inform certain beneficiaries about trust assets at reasonable intervals. The Clerk of Superior Court can order a trustee to account, suspend a trustee, appoint a special fiduciary, or issue other protective relief. Separately, agents under a POA must keep records and, upon court order, provide an accounting. If the trust is revocable and your parent is still capable, the trustee’s duties are owed to your parent; if your parent lacks capacity, a court can act to protect your parent and the trust.

Key Requirements

• Who can ask for records: Qualified trust beneficiaries can request trust information; any “interested person” may petition to compel a POA accounting.
• Capacity matters for revocable trusts: While a revocable trust’s settlor is alive and capable, the trustee primarily owes duties to the settlor; others may need court help to get records.
• Forum: File trust and POA petitions with the Clerk of Superior Court (estate division) in the proper county.
• Court powers for trusts: The court can order an accounting, enjoin transactions, suspend/remove a trustee, and appoint a special fiduciary to protect assets.
• Court powers for POAs: The court can compel an agent to account, determine the agent’s authority, and limit or terminate the POA when needed.

What the Statutes Say

• North Carolina Gen. Stat. § 36C-8-813 (Trustee’s duty to inform and report) – Requires recordkeeping and access to trust information for qualified beneficiaries.
• North Carolina Gen. Stat. § 36C-6-603 (Revocable trusts; rights and duties) – While revocable and the settlor is alive, trustee duties are owed to the settlor.
• North Carolina Gen. Stat. § 36C-10-1001 (Remedies for breach of trust) – Authorizes orders to account, injunctions, suspension/removal, and other relief.
• North Carolina Gen. Stat. § 32C-1-116 (Judicial relief—powers of attorney) – Lets interested persons seek court orders compelling an agent to account or limiting the POA.

Analysis

Apply the Rule to the Facts: You likely qualify as an “interested person” to seek a court-ordered POA accounting and as a trust beneficiary to request trust information. Because your sibling is both trustee and POA and you suspect misuse, the Clerk of Superior Court can order accountings and issue protective orders. If the family trust is revocable and your parent is still capable, the trustee’s duty to inform primarily runs to your parent, but the court can still compel disclosures or protections if capacity is diminished or there’s risk of harm.

Process & Timing

1. Who files: You (as an interested person/beneficiary). Where: Clerk of Superior Court, Estate Division, in the county where the trust is administered or where your parent resides. What: File a verified petition to (a) compel a trustee accounting and protective relief, and (b) compel a POA accounting; include an Estate Summons for Trust Proceeding (AOC‑E‑150). When: Ask for expedited relief and temporary orders to prevent dissipation.
2. Serve the trustee/agent and any necessary parties. The clerk applies limited civil rules but can allow discovery. Contested hearings are typically set on a short timeline; schedules vary by county.
3. At the hearing, seek orders compelling production of the trust instrument, bank/investment statements, and accounting detail; request injunctions, a special fiduciary, or suspension if needed. If capacity is in question, consider a separate guardianship filing so a court‑appointed guardian can take control and demand records directly.

Exceptions & Pitfalls

• Revocable trust with capable settlor: The trustee primarily owes duties to your parent; court orders may be limited to protecting the settlor’s interests unless incapacity or risk is shown.
• “No accounting” clauses: A trust or POA may limit routine reports, but the court can still order disclosures to enforce fiduciary duties and protect assets.
• Wrong forum or claims: Monetary damages claims (breach of fiduciary duty, fraud) must be filed in Superior Court, not before the clerk—coordinate filings to avoid delay.
• Notice/service: Use the correct AOC estate summons and serve all necessary parties; defects can delay relief.
• Isolation concerns: If caregivers block contact, document it. Consider emergency protective orders or a guardianship to address health, access, and finances together.

Talk to a Guardianship Attorney

If you’re dealing with blocked access to a parent and concerns about misuse of trust or POA funds, 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.