Jan72026
Guardianship Q&A Series

How do I know if a co-agent under a power of attorney is allowed to act alone or if both agents must approve decisions? – North Carolina

Short Answer

In North Carolina, the starting point is the power of attorney (POA) document itself: it can require co-agents to act together, or it can allow either co-agent to act alone. The way to know is to read the sections that name the agents and describe how co-agents may act (often using phrases like “jointly,” “severally,” or “independently”). If the POA is unclear or a co-agent appears to be misusing funds, an attorney can review the POA language and the financial records and advise on next steps to protect the parent.

Understanding the Problem

Under North Carolina law, the key question is whether a co-agent named in a parent’s power of attorney can make decisions alone, or whether both co-agents must approve and sign off. This is a document-interpretation issue: the answer depends on how the POA appoints the co-agents and what it says about shared authority. The practical concern is that when one co-agent can act alone, banks and other institutions may accept that co-agent’s instructions even if the other co-agent disagrees.

Apply the Law

In North Carolina, powers of attorney are commonly used to let an “agent” handle financial and property matters for a “principal” (the parent). When there are two agents serving at the same time (co-agents), the POA can set the decision-making rule—such as requiring joint action or allowing independent action. If the POA authorizes real estate transactions, North Carolina also has recording rules that can affect how the POA is used in property transfers.

Key Requirements

  • What the POA says about co-agents: The document may say co-agents must act “jointly” (both must approve/sign) or may allow each co-agent to act “independently” (either can act alone).
  • Scope of authority for the decision at issue: Even if a co-agent can act alone, the POA must actually grant authority for the specific transaction (for example, banking, gifts, or real estate).
  • Fiduciary duties and recordkeeping: An agent generally must act for the parent’s benefit, avoid self-dealing, and keep records that can explain transactions if questions arise.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, a parent has two children named as co-agents. The first step is to read the POA’s appointment language to see whether it requires joint action (both co-agents must approve/sign) or permits independent action (either co-agent can act alone). Next, the POA’s powers section matters: even an independently acting co-agent must stay within the authority granted and must use the parent’s money for the parent’s benefit, with records that match the transactions. If the financial records show transfers that look personal rather than for the parent, that can raise concerns even if the co-agent had authority to access the accounts.

Process & Timing

  1. Who reviews: The principal (if still capable) or either co-agent, often with a North Carolina attorney. Where: review the signed POA; if real estate authority is involved, check the Register of Deeds in the county where the parent is domiciled or where the property is located for any recorded POA. What: the executed POA, any amendments, and the “agent appointment/co-agent” clause. When: as soon as there is concern about unilateral action or questionable withdrawals.
  2. Confirm how institutions are treating the POA: Banks and other institutions may rely on the face of the POA. If the POA allows independent action, the institution may accept one co-agent’s instructions without contacting the other.
  3. Address suspected misuse: If records suggest improper transfers, the next step is usually to gather statements, identify the transactions, and evaluate options to stop further activity (for example, revocation by the parent if capable, or court involvement if the parent is incapacitated).

Exceptions & Pitfalls

  • “Co-agent” does not always mean “two signatures required”: Many POAs allow either co-agent to act alone unless the document clearly requires joint action.
  • Authority vs. proper conduct: A co-agent may have authority to access accounts but still act improperly if funds are used for the co-agent’s benefit rather than the parent’s benefit, or if the co-agent cannot support transactions with clear records.
  • Mixed documents and account access: Some account access comes from bank signature cards or “agency account” arrangements rather than (or in addition to) the POA. That can create confusion about what authority exists and what rules apply.
  • Real estate transactions have extra steps: If the issue involves selling or mortgaging real property, North Carolina’s recording rules can affect whether the POA must be recorded before the transaction is completed.

Conclusion

In North Carolina, whether a co-agent under a power of attorney can act alone depends primarily on the POA’s co-agent language—some POAs require joint action, while others allow either co-agent to act independently. Even when one co-agent can act alone, the agent must stay within the POA’s granted powers and handle the parent’s money for the parent’s benefit with clear records. The next step is to have an attorney review the signed POA and the account records promptly to confirm the co-agent authority rule and identify any transactions that may be improper.

Talk to a Guardianship Attorney

If a co-agent under a power of attorney may be acting alone and there are concerns about missing money or questionable withdrawals, our firm has experienced attorneys who can help review the POA language, evaluate the financial records, and explain options to protect the parent. 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.