Probate Q&A Series

How can I legally protect a terminally ill parent in the State of North Carolina from a controlling companion?

1. Detailed Answer

Watching a loved one face a serious illness can leave you worried about their safety and well-being. When a companion pressures or isolates your terminally ill parent, you can turn to North Carolina law for protection. Below are the most effective legal tools and procedures:

Durable Power of Attorney (Financial)

A durable power of attorney lets your parent appoint a trusted person to handle bank accounts, pay bills and manage investments if they can’t do so themselves. Because it remains in effect even if your parent loses capacity, it stops a controlling companion from accessing money without permission. North Carolina’s statute on powers of attorney (G.S. 32C-1 through 32C-22) explains the form and witnessing requirements. G.S. 32C-1

Advance Health Care Directive

An advance health care directive (sometimes called a health care power of attorney) allows your parent to name an agent who makes medical decisions on their behalf. It also permits your parent to state treatment preferences in writing. A properly executed directive can prevent a controlling companion from making end-of-life decisions that conflict with your parent’s wishes. See G.S. 90-322.

Guardianship of the Person and Estate

If your parent lacks the capacity to make informed decisions, you may petition the clerk of superior court for appointment of a guardian. Under G.S. 35A-121, the court will hold a hearing, review medical evidence and appoint someone to act in your parent’s best interest. A guardian can limit or prohibit contact with a controlling companion.

Adult Protective Services (APS)

If you suspect financial exploitation, neglect or emotional abuse, call APS. Under G.S. 108A-102, county social services staff investigate reports and arrange immediate protective steps. APS can coordinate with law enforcement and family members to secure your parent’s safety.

2. Key Steps to Protect Your Parent

  • Assess Capacity – Discuss the situation with your parent and a qualified medical professional to confirm decision-making ability.
  • Execute Durable Power of Attorney – Have your parent name a trusted agent for financial matters under G.S. 32C-1 et seq.
  • Prepare an Advance Health Care Directive – Document medical wishes and designate a health care agent under G.S. 90-322.
  • Gather Evidence – Keep records of undue influence: emails, texts, bank statements or witness statements.
  • Contact Adult Protective Services – Report suspected exploitation or abuse under G.S. 108A-102.
  • File for Guardianship – If capacity is lacking, petition under G.S. 35A-121 to appoint a guardian.

Taking these steps early can shield your parent from manipulation and secure their finances and medical care. Acting quickly helps preserve your loved one’s dignity and peace of mind.

Call to Action: Pierce Law Group’s attorneys understand the unique challenges families face when protecting a vulnerable parent. We guide you through powers of attorney, advance directives and guardianship petitions. To discuss your situation, email us at intake@piercelaw.com or call (919) 341-7055 today.