Short Answer

Yes. In North Carolina, a former agent and other interested persons can ask the court to review a revocation or a new power of attorney. The Clerk of Superior Court handles many power‑of‑attorney proceedings, and some disputes (like claims of lack of capacity or undue influence) must be filed in Superior Court. A minor name typo usually does not void an otherwise valid revocation, but it is wise to correct the record and give prompt notice to third parties.

Understanding the Problem

In North Carolina, can a former agent challenge your revocation of a durable power of attorney and appointment of a new agent, especially when the recorded document has a small typo in the former agent’s name?

Apply the Law

North Carolina’s power of attorney law allows “interested persons,” including a former agent, to seek judicial review of an agent’s authority or a power of attorney. The Clerk of Superior Court has original jurisdiction over many Chapter 32C proceedings; actions seeking money damages or to set aside a POA for lack of capacity or undue influence are filed in Superior Court. A principal is presumed to have capacity unless adjudicated incompetent, and revoking or replacing a POA requires proper execution and practical steps like notice and, when real estate is involved, recording the revocation. Third parties may rely on a POA until they receive actual notice of termination.

Key Requirements

• Capacity at execution/revocation: The principal must understand the nature and effect of granting authority; capacity is presumed absent an incompetency adjudication.
• Proper formalities: A financial (durable) POA and any replacement or revocation must be signed and acknowledged; a health care POA uses witness and notary formalities.
• Notice and recording: Give written notice of revocation to the former agent and key institutions; if the POA was recorded for real property, record the revocation too.
• Forum and scope: Clerk of Superior Court hears proceedings to determine authority or construe a POA; claims for damages or to set aside a POA for lack of capacity/undue influence go to Superior Court.
• Good‑faith reliance: Banks and others may rely on a POA until they have actual notice it ended; timely notice reduces disruption.

What the Statutes Say

• North Carolina Gen. Stat. § 32C-1-110 (Termination of POA or agent’s authority) – lists when a POA/agent’s authority ends and recording guidance.
• North Carolina Gen. Stat. § 32C-1-116 (Judicial relief) – who can file; Clerk vs. Superior Court jurisdiction.
• North Carolina Gen. Stat. § 32C-1-117 (Agent’s liability; remedies) – available court remedies and fee-shifting in breach cases.
• North Carolina Gen. Stat. § 32C-1-120 (Acceptance of POA) – good‑faith acceptance; when acceptance may be mandated.

Analysis

Apply the Rule to the Facts: Because the principal has not been adjudicated incompetent, capacity to execute the new POA and revoke the old one is presumed. If the revocation and new POA were properly executed, they are generally valid, and a minor typo in the former agent’s name does not, by itself, undo the revocation. Give written notice of the revocation and, if the prior POA was recorded for real property, record the revocation to protect against third‑party reliance. A former agent can file in court, but they must prove lack of capacity, undue influence, or other legal defect.

Process & Timing

1. Who files: A challenger (e.g., former agent) may petition. Where: Clerk of Superior Court (estate proceedings) for authority/construction issues; Superior Court for damages or to set aside a POA. What: Estate Proceedings Summons (AOC‑E‑102) and a verified petition under Chapter 32C; civil complaint in Superior Court if seeking damages. When: As soon as a dispute arises; procedures and timing can vary by county.
2. The clerk schedules a hearing and provides notice to interested parties. Any party may transfer certain authority/construction matters to Superior Court by written notice.
3. The court issues an order confirming, limiting, or terminating authority, or (in Superior Court) ruling on capacity/undue influence claims or other requested relief.

Exceptions & Pitfalls

• If a guardian of the estate or general guardian is later appointed, that fiduciary may seek to amend or revoke the financial POA; coordinate filings to avoid conflicting authority.
• Failing to record a revocation when the POA was recorded for real property can allow third parties to rely on the old authority.
• Small name errors can cause delays; cure by executing and recording corrected documents or a clarifying statement.
• Allegations of undue influence or lack of capacity focus on the principal’s state at signing; contemporaneous medical notes and independent attorney records help defend the instrument.

Talk to a Estate Planning Attorney

If you’re facing a threatened challenge to a North Carolina power of attorney or need to correct and record a revocation, our firm has experienced attorneys who can help you understand your options and timelines. Call us today.

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.