Short Answer

In North Carolina, you can file a petition with the Clerk of Superior Court to demand an accounting from the agent under a power of attorney and to suspend or limit the agent’s authority. To invalidate the power of attorney itself for undue influence or lack of capacity, you must file a separate civil action in Superior Court. If your cousin cannot manage personal affairs, a guardianship case can also be filed to place a court‑supervised fiduciary in charge. Act quickly to prevent further asset loss.

Understanding the Problem

In North Carolina, can you, as a concerned relative, ask the court to step in when a caretaker with a signed power of attorney is blocking you from your cousin’s finances and you suspect undue influence? Here, the key decision is whether to seek immediate oversight of the agent (accountings and limits) and, if needed, pursue a court ruling that the power of attorney is invalid.

Apply the Law

North Carolina law gives the Clerk of Superior Court authority to oversee agents acting under a power of attorney (POA). An “interested person” may petition the Clerk to compel an accounting, determine an agent’s authority or compensation, and suspend or remove the agent. However, claims to set aside a POA for undue influence or lack of capacity, or to recover money damages for breach of fiduciary duty, must be filed as a civil action in Superior Court. Proceedings before the Clerk follow estate‑proceeding rules, including formal service of process and a 20‑day response period. Venue is proper in the county where the principal lives, where an agent lives, or where the principal’s property is located.

Key Requirements

• Standing: You qualify if you are an “interested person” with a demonstrable interest in the principal’s welfare or property.
• Right forum: Use the Clerk of Superior Court to seek accountings and to limit, suspend, or remove the agent; use Superior Court to invalidate the POA or seek damages.
• Evidence: Provide facts suggesting misuse, conflicts of interest, isolation, sudden changes in control, or other indicators of undue influence or incapacity.
• Notice and service: Serve the petition and summons under the civil rules; the respondent typically has 20 days to answer.
• Relief available: Accounting, suspension/removal, appointment of a special fiduciary, orders to restore property, injunctions, and in a civil action, monetary remedies.

What the Statutes Say

• N.C. Gen. Stat. § 32C-1-116 (Judicial relief re: powers of attorney) – Allows interested persons to petition for accountings and to limit/suspend/remove an agent; sets venue and procedure.
• N.C. Gen. Stat. § 32C-1-117 (Agent’s liability and remedies) – Defines breach of fiduciary duty by an agent and authorizes remedies, including restoration of property and fee awards.
• N.C. Gen. Stat. § 28A-2-6 (Estate proceeding procedure) – Governs petitions before the Clerk, including summons, service, 20‑day response, hearings, and use of civil rules.

Analysis

Apply the Rule to the Facts: Because you provide housing and support and are concerned about misuse, you are likely an “interested person” who can petition the Clerk to compel an accounting and to suspend the caretaker’s powers pending review. If evidence shows your cousin’s will was overborne or capacity was lacking when the POA was signed, you would file a separate Superior Court lawsuit to set aside the POA and seek injunctions and restitution. If your cousin cannot manage personal affairs now, a guardianship case can place a court‑supervised fiduciary over finances.

Process & Timing

1. Who files: An interested person (you). Where: Clerk of Superior Court in the cousin’s county (or where the agent resides or property is located). What: Verified petition for judicial relief regarding a power of attorney (request accounting, suspension, special fiduciary); Clerk issues an Estate Proceeding Summons (AOC‑E‑102). When: Respondents typically have 20 days after service to answer.
2. Parallel relief if needed: File a civil action in Superior Court to invalidate the POA for undue influence/lack of capacity and request a temporary restraining order or preliminary injunction to freeze accounts. Courts may hear emergency requests quickly; regular hearings vary by county.
3. If capacity is impaired: File a petition for adjudication of incompetence and appointment of a guardian with the Clerk. If a guardian of the estate or general guardian is appointed, the Clerk can limit or terminate the agent’s authority and require ongoing accountings.

Exceptions & Pitfalls

• Setting aside the POA: The Clerk cannot invalidate a POA for undue influence or lack of capacity; file that claim in Superior Court.
• Damages claims: Monetary claims for breach of fiduciary duty (e.g., repayment of missing funds) belong in Superior Court, not before the Clerk.
• Evidence gaps: Undue influence is often proven by circumstantial facts (dependency, isolation, sudden control changes). Gather records, bank statements, and witness accounts early.
• Service defects: Use formal Rule 4 service; improper service delays relief and hearings.
• Emergency relief: If funds are moving, request a TRO/preliminary injunction promptly to prevent dissipation.
• Fee shifting: Courts may award fees in POA breach cases, but it is discretionary; do not assume recovery of your fees.
• Jurisdiction/venue: If the agent is out of state, confirm personal jurisdiction and choose a proper North Carolina venue.

Talk to a Guardianship Attorney

If you’re dealing with a contested power of attorney, suspected undue influence, or the need for guardianship, 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.