Short Answer

In North Carolina, you start by filing a verified petition to declare your parent incompetent and to appoint a guardian with the Clerk of Superior Court. A prior power of attorney (POA) does not block guardianship. If a guardian is appointed, the guardian may revoke or limit a financial POA and can ask the court to suspend a health care agent for good cause. You can also seek court orders now to compel the agent to account and to protect assets while the case is pending.

Understanding the Problem

In North Carolina, can you obtain guardianship over a parent when your sibling already holds financial and health care POAs? You want court authority to protect your parent and their property. Here, one key fact is that caregivers are following your sibling’s instructions and blocking your contact with your parent.

Apply the Law

North Carolina treats adult guardianship as a last resort and favors the least restrictive option. To obtain guardianship, the Clerk of Superior Court must first find your parent is incompetent, then decide what type of guardian is needed (of the person, of the estate, or both). A preexisting POA can continue unless and until a guardian limits, revokes, or the court suspends it; meanwhile, you can petition the court to order the agent to account and to restrict the agent’s actions. The main forum is the Clerk of Superior Court in the county where your parent resides or is present. Timeframes can be fast, and emergency or interim relief is often available.

Key Requirements

• Incompetency finding: Show your parent cannot manage affairs or make/communicate important decisions, even with help.
• Less restrictive alternatives: Explain why existing tools (e.g., current POAs or care arrangements) are insufficient to protect your parent.
• Proper forum and notice: File with the Clerk of Superior Court; the respondent (your parent) receives notice and has rights at the hearing.
• Type and scope of guardianship: Request guardian of the person, estate, or both; ask for limited powers tailored to your parent’s needs.
• POA interplay: A guardian of the estate may revoke or limit a financial POA; suspending a health care agent requires a court order for good cause.
• Interim protections: Seek orders to compel the agent to account, freeze or safeguard assets, and address access/visitation issues pending hearing.

What the Statutes Say

• N.C. Gen. Stat. § 35A-1105 (Petition to adjudicate incompetence) – Starts the case before the Clerk of Superior Court.
• N.C. Gen. Stat. § 32C-1-116 (Judicial relief involving a power of attorney) – Lets the court order accountings, limit/suspend authority, and issue protective relief against an agent.
• N.C. Gen. Stat. § 32C-1-108 (Agent’s authority when a guardian is appointed) – Agent remains accountable to a court‑appointed guardian; the guardian may act concerning the POA.
• N.C. Gen. Stat. § 32A-22 (Suspending a health care agent’s authority) – Court may suspend a health care agent for good cause after notice.

Analysis

Apply the Rule to the Facts: You can petition the Clerk to adjudicate your parent incompetent and request a limited or general guardianship. Because your sibling (the agent and trustee) is allegedly blocking access and you suspect misuse of funds, ask for interim orders: compel a POA accounting, limit the agent’s authority, and protect assets. If appointed guardian of the estate, you can revoke or restrict the financial POA and pursue information from the trustee about trust assets to safeguard your parent’s property.

Process & Timing

1. Who files: You (as an interested person). Where: Clerk of Superior Court in your parent’s North Carolina county of residence or presence. What: File a verified Petition for Adjudication of Incompetence and Application for Appointment of Guardian (AOC‑SP‑200). If you also need immediate oversight of the POA, file a separate estate proceeding under N.C.G.S. 32C‑1‑116 to compel an accounting and seek limits on the agent, using the Estate Proceeding Summons (AOC‑E‑102). When: File as soon as protection or access is needed; interim relief can be requested promptly.
2. After filing, the Clerk sets a hearing. Respondent rights apply (notice, presence, counsel, and evidence). Contested POA relief proceedings typically require service and an opportunity to respond; interim orders to preserve the status quo may be available on short notice in urgent cases. Timelines vary by county but often move within weeks.
3. Final orders: If incompetency is found, the Clerk appoints a guardian (person, estate, or both) and issues Letters of Guardianship. On POA relief, the Clerk can order an accounting, suspend/limit the agent, and issue protective directives. The order should spell out the guardian’s powers and any limits on or suspension of the existing POAs.

Exceptions & Pitfalls

• Guardianship is a last resort. If the Clerk finds that POAs and other supports can adequately protect your parent, a full guardianship may be denied or limited.
• A financial POA does not automatically end with guardianship; the guardian of the estate must revoke or limit it. A health care agent’s authority continues unless the court suspends it for good cause.
• Service and notice matter. Use the correct summons and service methods; missing required parties or defective service can delay relief.
• Mixing forums can slow the case. Guardianship, POA relief, and trust oversight are related but follow different procedures; file each in the proper proceeding and ask the Clerk for coordinated scheduling.
• Bonds and accountings: If you seek to be guardian of the estate, be prepared to post bond and file timely inventories and annual accounts.

Talk to a Guardianship Attorney

If you’re dealing with blocked access, suspected misuse of funds, or confusion about POAs while trying to protect a parent, 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.