Jan222026
Guardianship Q&A Series

How can a spouse protect access to shared bank accounts and marital assets if the other spouse’s agent controls the finances? – North Carolina

Short Answer

In North Carolina, a spouse can protect access to shared accounts and marital assets by moving quickly to (1) confirm what authority the agent actually has under the power of attorney, (2) give written notice to financial institutions if the power of attorney has been revoked or is being challenged, and (3) ask the Clerk of Superior Court for guardianship-related relief when there is an imminent risk of harm to the impaired spouse’s estate. If there is a real risk of funds being drained or property being transferred, an interim guardian request can be the fastest court-supervised way to stabilize finances while the underlying competency and authority issues are sorted out.

Understanding the Problem

In North Carolina, can a spouse keep access to shared bank accounts and protect marital assets when an adult relative is acting as the other spouse’s agent under a durable power of attorney, especially where the signing happened without the spouse’s knowledge and may not reflect the impaired spouse’s true wishes? The practical issue is control: who can direct the bank, pay bills, move money, and sign documents while one spouse has dementia-like symptoms and the household still needs stable financial management.

Apply the Law

North Carolina generally allows a married person to sign a power of attorney without the other spouse joining in or even knowing about it. That means the existence of a power of attorney alone does not prove wrongdoing. The legal focus usually becomes (1) whether the spouse who signed had capacity and acted voluntarily, and (2) whether the agent is using the authority in a way that protects the principal (the impaired spouse) rather than harming the principal’s estate. When there is an imminent risk to the impaired spouse’s estate, the Clerk of Superior Court (the official who handles adult guardianship matters) can appoint an interim guardian with limited powers to protect assets quickly while a full incompetency case proceeds.

Key Requirements

  • Valid authority exists (or not): The agent’s power comes from the signed document and what it actually authorizes. If the document is invalid, revoked, or limited, the agent’s control can be challenged.
  • Risk to the impaired spouse’s estate: Fast court intervention usually requires facts showing an imminent or foreseeable risk of harm to the impaired spouse’s money or property that needs immediate action.
  • Proper forum and procedure: Guardianship and interim-guardian requests are handled through the Clerk of Superior Court in the county where the impaired spouse resides or is present (depending on the case), and they require verified filings and prompt service.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts describe dementia-like symptoms and a durable power of attorney allegedly signed in favor of an adult relative without the spouse’s knowledge. That raises two immediate protection goals: stabilizing access to funds needed for household and care expenses, and preventing transfers that could harm the impaired spouse’s estate. If there is evidence of an imminent or foreseeable risk of harm to the impaired spouse’s estate (for example, unusual withdrawals, new beneficiaries, or attempts to sell property), North Carolina’s interim guardian process is designed to allow the Clerk of Superior Court to enter a quick, limited order to protect assets while the broader incompetency issues are decided.

Process & Timing

  1. Who files: typically the concerned spouse (or another interested person). Where: the Clerk of Superior Court in the county with proper venue for the guardianship. What: a verified petition to adjudicate incompetence and, if immediate protection is needed, a verified motion for appointment of an interim guardian. When: as soon as facts suggest an imminent or foreseeable risk of harm to the impaired spouse’s estate; the interim-guardian hearing must be held as soon as possible and no later than 15 days after the motion is served on the respondent.
  2. Immediate stabilization steps outside court: request copies of signature cards and account ownership details for “shared” accounts; ask the bank what documentation it requires to place a temporary hold or to flag suspected exploitation; and document concerns in writing. If the impaired spouse has capacity to revoke the power of attorney, provide written revocation notice to the relevant institutions (banks/credit unions) and request written confirmation of receipt.
  3. After the interim hearing: if the clerk appoints an interim guardian of the estate (or gives estate-related powers), the order will define what the interim guardian can do (for example, secure accounts, redirect statements, pay necessary bills, and stop transfers). The interim guardianship is time-limited and typically bridges the gap until the full incompetency hearing and any longer-term guardianship decision.

Exceptions & Pitfalls

  • “Shared account” does not always mean equal control: some accounts are titled jointly, some are convenience/agency arrangements, and some are solely owned even if both spouses used them. The account contract and bank records often control what access exists right now.
  • Capacity disputes are fact-driven: dementia-like symptoms do not automatically invalidate a power of attorney. Medical records, timing, witnesses, and the circumstances of signing often determine whether the document reflects the principal’s true wishes.
  • Delay can make recovery harder: if money is moved out quickly, the immediate goal often becomes stopping further transfers and preserving records. Waiting can also allow real property transfers to proceed if a recorded power of attorney is being used.
  • Institution notice rules matter: financial institutions may keep honoring an agent until they receive the type of notice the law requires (for example, written revocation notice for certain accounts). Sending notice in a trackable way and keeping proof of delivery can be important.
  • Guardianship is powerful and should be tailored: an interim guardian order should request only the powers needed to stop harm and keep bills paid. Overbroad requests can slow the process or create unnecessary conflict.

Conclusion

In North Carolina, a spouse can protect access to shared bank accounts and marital assets by quickly confirming what authority the agent has, giving proper written notice to financial institutions when revocation or termination is in play, and seeking court-supervised protection when there is an imminent or foreseeable risk of harm to the impaired spouse’s estate. When speed matters, the most direct next step is often to file a verified incompetency petition and a motion for an interim guardian with the Clerk of Superior Court, because the interim-guardian hearing must be held as soon as possible and no later than 15 days after service on the respondent.

Talk to a Guardianship Attorney

If a family member is controlling finances under a power of attorney and there are concerns about access to accounts or protection of marital assets, our firm has experienced attorneys who can help explain options and timelines under North Carolina guardianship law. 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.