Jan72026
Guardianship Q&A Series

What can I do if a family member tries to forge or improperly create a new power of attorney? – North Carolina

Short Answer

In North Carolina, a “new” power of attorney that was forged or signed when the person lacked capacity can often be challenged and treated as invalid. Practical steps usually include notifying the medical providers and any institutions that might rely on the document, locking in the existing health care decision-maker paperwork, and—if the risk is urgent—asking the Clerk of Superior Court to appoint an interim guardian to stop misuse while the case is pending. If forgery is suspected, a report to law enforcement may also be appropriate.

Understanding the Problem

In North Carolina, what happens if a relative tries to create a “new” power of attorney for a person who has very limited ability to communicate, especially when an existing health care decision-maker structure is already in place? Can the attempted change be stopped, and what steps can be taken quickly to prevent a forged or improperly created document from being used with hospitals, doctors, or other third parties?

Apply the Law

North Carolina treats a power of attorney as a document that must be signed by the person giving authority (the “principal”) with the required formalities and with sufficient capacity. If a document is forged, or if the principal lacked the ability to understand and communicate the decision to sign, the document can be challenged. When the concern is medical decision-making, North Carolina’s health care power of attorney rules focus on capacity, when the agent’s authority becomes effective, and how revocation works. When the concern is immediate safety or financial harm, North Carolina guardianship law allows a case to be filed with the Clerk of Superior Court, including an emergency-style request for an interim guardian in appropriate situations.

Key Requirements

  • Capacity and genuine signature: The principal must actually sign (or otherwise properly execute) the document and must have enough understanding to make that decision. A forged signature or a signature obtained through fraud is a major red flag.
  • Proper health care power of attorney rules: A health care power of attorney generally becomes usable only after the required written determination of incapacity, and revocation is only effective when communicated to the named agent(s) and the attending physician/eligible psychologist.
  • Court protection when risk is urgent: If there is a foreseeable risk of harm to the person or the person’s estate, a guardianship filing (including a request for an interim guardian) can create enforceable court authority that third parties can rely on instead of a questionable power of attorney.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the concern is that a relative is pushing to “change” an existing medical power of attorney even though the child has very limited ability to communicate. If the child cannot understand what a new document does or cannot reliably communicate a choice, capacity to sign a new power of attorney may be a central issue. If a document is created anyway, quick notice to medical providers and a guardianship filing can help prevent reliance on a questionable document and preserve the existing health care decision-maker structure.

Process & Timing

  1. Who files: A concerned family member or other interested person. Where: The Clerk of Superior Court in the county where the respondent resides (North Carolina). What: A verified petition to adjudicate incompetence and, if urgent, a verified motion for appointment of an interim guardian. When: As soon as there is a credible risk that a forged or improper power of attorney will be used.
  2. Immediate protection step: If an interim guardian motion is filed, the clerk must set a hearing promptly, and the hearing must be held as soon as possible but no later than 15 days after the motion has been served on the respondent.
  3. Practical notice step (often done in parallel): Provide the treating facility and providers with the existing health care power of attorney and written notice that a new document is disputed, and ask that the chart reflect the correct decision-maker while the issue is addressed through proper channels.

Exceptions & Pitfalls

  • “Good faith reliance” by providers: Health care providers may rely on a signed and acknowledged health care power of attorney unless they have actual knowledge of revocation. That is why clear, documented notice and getting the correct document into the medical record can matter when a questionable document surfaces.
  • Confusing “revocation” with “replacement”: Under North Carolina law, revocation of a health care power of attorney is not just about signing something new; it also turns on whether the principal had capacity and whether the revocation was communicated to the right people.
  • Waiting until harm occurs: If there is an imminent or foreseeable risk of harm to the person or the person’s estate, delaying can make it harder to prevent misuse. An interim guardianship request is designed for situations needing immediate intervention.
  • Assuming a family dispute is only “civil”: Forgery and related conduct can be criminal. When a signature is suspected to be forged or obtained through fraud, preserving documents and considering a law enforcement report may be appropriate.

Conclusion

In North Carolina, a forged or improperly created power of attorney can often be challenged as invalid, especially where capacity is in doubt and an existing health care decision-maker structure already exists. The most effective approach usually combines (1) immediate notice to medical providers about the correct decision-maker and the disputed document, and (2) a court filing when urgent protection is needed. A common next step is to file a verified incompetency petition with the Clerk of Superior Court and, if there is immediate risk, a motion for an interim guardian so the hearing occurs within the statutory timeline.

Talk to a Guardianship Attorney

If a family member is trying to forge or improperly create a new power of attorney, our firm has experienced attorneys who can help explain options for protecting the existing decision-maker structure and, when needed, pursuing court protection through a guardianship filing. 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.