Short Answer

Yes. In North Carolina, a competent principal may revoke a financial or health care power of attorney at any time. Prior actions taken by the agent under a valid power of attorney remain valid, but the agent’s authority ends once you properly revoke and give notice. For financial powers, give written notice (and record the revocation if the original POA was recorded). For health care powers, notify your health care providers because they may rely on the old document until they have actual notice.

Understanding the Problem

You live in North Carolina and want to know if you can revoke a power of attorney given to your spouse after it has already been used to make financial or health care choices. You want to stop your spouse from using it going forward, even though the spouse refuses to return the document.

Apply the Law

Under North Carolina law, you can revoke a power of attorney you granted if you still have capacity. Revocation is effective when you take the proper steps and give notice to the agent and the third parties who rely on the document. The Clerk of Superior Court can resolve POA disputes, including limiting or terminating an agent’s authority in certain situations. Health care powers require actual notice to providers to stop reliance. If you lack capacity and need to stop a health care agent, a guardian of the person must ask the court to suspend the agent’s authority.

Key Requirements

• Capacity to revoke: You must be competent to revoke your own power of attorney.
• Written revocation and notice: Put the revocation in writing and deliver it to your agent and to institutions relying on the POA (banks, hospitals, insurers).
• Recording when applicable: If a financial POA was recorded or used for real estate, record the revocation in the Register of Deeds where the POA was recorded or property is located.
• Providers’ reliance: Health care providers can rely on a health care POA until they receive actual notice that it is revoked or suspended.
• Court help if needed: If an agent won’t stop or won’t account, you can petition the Clerk of Superior Court to compel an accounting or to limit/terminate the agent’s authority (and, if incapacitated, a guardian of the person may ask the court to suspend a health care agent).
• Effect on past acts: Revocation stops future authority; it does not undo valid past actions.

What the Statutes Say

• North Carolina Gen. Stat. § 32C-1-110 (Termination of power of attorney/agent’s authority) – How a financial POA or an agent’s authority ends (including by revocation and divorce rules).
• North Carolina Gen. Stat. § 32C-1-116 (Judicial relief) – Clerk/superior court proceedings to compel accounting, limit or terminate authority, and resolve POA issues.
• North Carolina Gen. Stat. § 32C-1-117 (Agent’s liability; remedies) – Court remedies for breach of fiduciary duty by an agent.
• North Carolina Gen. Stat. § 32A-22 (Health care POA; relation to guardianship) – A guardian of the person may petition to suspend a health care agent’s authority for good cause.

Analysis

Apply the Rule to the Facts: You can revoke both the financial and health care powers if you are competent. Put the revocation in writing, deliver it to your spouse, and notify every bank, provider, or institution that relied on the document. If the POA was used for real estate or recorded, record your revocation with the Register of Deeds. If your spouse continues to act after notice or refuses to provide records, you can file with the Clerk of Superior Court to compel an accounting and to limit/terminate authority.

Process & Timing

1. Who files: The principal. Where: Clerk of Superior Court in your North Carolina county. What: Written revocation delivered to the agent and relevant third parties; if needed, a verified petition under G.S. 32C-1-116 to compel an accounting or to limit/terminate the agent’s authority; contested matters use the Estate Proceeding Summons (AOC-E-102) from nccourts.gov. When: As soon as you decide to revoke; send notices immediately and record the revocation if the POA was recorded or used for real property.
2. Notify all banks, brokerages, insurers, and health care providers in writing; provide a copy of your revocation and any new POA. For health care, tell providers directly; they may rely on the old document until they get actual notice.
3. If the agent will not stop or return records, ask the Clerk to order an accounting and to limit or terminate the agent’s authority. If you lack capacity and need to stop a health care agent, a court‑appointed guardian of the person must petition the court to suspend the agent’s authority.

Exceptions & Pitfalls

• If you lack capacity, you generally cannot revoke; a guardian of the estate can address a financial POA, and a guardian of the person must ask the court to suspend a health care agent.
• For real estate, record your revocation in the Register of Deeds if the POA was recorded or used to sign real property documents.
• Keep proof of notice (certified mail, delivery receipts). Third parties can rely on the POA until they know of the revocation.
• Divorce can automatically terminate a spouse’s authority under a financial POA unless the POA says otherwise; separation does not.
• Past decisions made under a valid POA typically remain valid; revocation stops future use, not past acts.

Talk to a Estate Planning Attorney

If you’re dealing with revoking a power of attorney and stopping an agent from acting, 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.