Jan212026
Partition Action Q&A Series

Can someone using a power of attorney change a deed or add themselves to the title without the other owners signing? – North Carolina

Short Answer

In North Carolina, a person acting under a power of attorney (POA) generally cannot change a deed or add themselves to the title unless the POA clearly authorizes that kind of real-estate transfer and the agent follows the required signing and recording rules. Even then, a POA does not let an agent take or change other owners’ shares—each co-owner controls only their own interest. If a deed was signed while the owner had dementia or the agent acted for personal benefit without clear authority, the transfer may be challengeable.

Understanding the Problem

In North Carolina, can an agent (the person holding a power of attorney) sign a deed that changes ownership of real estate—such as adding the agent’s name to the title—when there are multiple owners and not all owners sign? The decision point is whether the agent is acting only for the principal’s share under valid POA authority, or whether the agent is attempting to affect other owners’ interests without their consent. This question often comes up after a death when heirs discover a deed change that happened during a period of dementia or declining capacity and notice to family members was delayed.

Apply the Law

A power of attorney allows an agent to sign documents for the principal, but it does not give the agent ownership rights. For real estate, North Carolina expects the POA to be recorded and referenced when an agent signs a deed, and the deed must be properly acknowledged for recording. Separately, if the property has multiple owners (for example, heirs owning as tenants in common), one owner (or that owner’s agent) can generally convey only that owner’s undivided share—no one can transfer or rewrite the other owners’ shares without their signatures or other legal authority.

Key Requirements

  • Valid authority to transfer real estate: The POA must actually grant the agent power to handle real property transactions, and the agent must act within that scope.
  • Proper execution and recording mechanics: A deed signed by an agent must be signed in a representative capacity and properly notarized/acknowledged so it can be recorded in the county register of deeds.
  • Limits based on co-ownership: Even a valid POA for one owner does not replace the signatures of other owners; at most it can transfer the principal’s interest.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The concern described involves a grandparent with dementia and possible mishandling of property transfers. Under North Carolina law, if an agent used a POA to sign a deed, the key questions are (1) whether the POA gave real-estate authority and was properly recorded and referenced, (2) whether the deed only conveyed the grandparent’s interest (not other owners’ interests), and (3) whether the transaction looks like self-dealing (for example, adding the agent to title) without clear authority and proper safeguards. If the deed attempted to change ownership beyond what the grandparent owned, it would not bind the other owners who did not sign.

Process & Timing

  1. Who files: Typically an heir, co-owner, or the estate’s personal representative (depending on who has standing and what is being challenged). Where: North Carolina county Register of Deeds (to obtain recorded documents) and, if litigation is needed, the North Carolina Superior Court in the county where the land is located. What: Obtain certified copies of the deed(s) and the recorded POA (if any), plus the deed’s notarial certificate and recording references. When: As soon as a questionable transfer is discovered, because delays can complicate proof and may affect available remedies.
  2. Document review and title analysis: Compare the deed language to the ownership that existed before the transfer, confirm whether all owners signed, and confirm whether the agent signed clearly “as attorney-in-fact” and referenced the recorded POA as required by statute.
  3. Next legal step (if ownership is now tangled): If co-owners cannot agree on how to fix title or sell, a partition action may be used to force a court-supervised resolution while the court addresses disputed interests and competing claims to ownership.

Exceptions & Pitfalls

  • Co-owner signature confusion: A deed can be recorded even if it does not transfer what it claims to transfer; recording does not automatically mean the transfer was effective against non-signing owners.
  • POA scope and self-dealing risk: Adding the agent to title can raise serious red flags if the POA does not clearly authorize gifts or transfers benefiting the agent, or if the circumstances suggest undue influence or lack of capacity.
  • Missing POA recording trail: If the deed does not reference a recorded POA (or the POA was never recorded), that can signal a compliance problem and should be investigated under the county’s register of deeds records.
  • Notice and family disputes after death: Delayed notice to heirs does not automatically invalidate a deed, but it often correlates with incomplete records and disputed authority, which can require court involvement to sort out title.

Conclusion

In North Carolina, a power of attorney does not let an agent rewrite a deed however they want or take other owners’ shares without signatures. At most, a properly authorized agent can sign a deed for the principal’s interest, and the POA should be recorded and referenced for real estate transfers. If a deed change happened during dementia or appears to benefit the agent, the next step is to pull the recorded deed and POA from the county Register of Deeds and review whether the transfer stayed within the principal’s ownership and authority.

Talk to a Partition Action Attorney

If a deed change or POA-signed transfer has created a family ownership dispute, a partition action may be part of the solution to clarify interests and move the property toward a court-supervised resolution. Our firm has experienced attorneys who can help explain 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.

Category: Partition Action 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.