Short Answer

In North Carolina, you can revoke a power of attorney (POA) by signing a written revocation and giving actual notice to your agent and anyone relying on the POA (banks, hospitals, title companies). If the POA was recorded or used for real estate, record your revocation at the Register of Deeds. If your agent continues to act after notice, you can petition the Clerk of Superior Court for relief and, if needed, seek court orders to stop misuse and compel an accounting. Health care POAs can also be revoked by clearly communicating your intent to your physician and agent.

Understanding the Problem

You want to end your spouse’s authority under a North Carolina power of attorney even though your spouse refuses to give back or destroy the document. You, as the principal, need to know whether you can revoke the POA now, how to notify others who might rely on it, and what to do if your spouse keeps using it. One key fact: your spouse has already used the POA to make living or health-related decisions.

Apply the Law

Under North Carolina law, a competent principal may revoke a financial power of attorney at any time by revocation and notice. Third parties (like banks or hospitals) may rely on a POA until they receive actual notice that it has ended. If a POA was recorded or used for real property, recording a revocation protects you in real estate records. For health care POAs, your clear statement of revocation to your physician and agent, and updating your medical records, are critical. If an agent ignores a revocation or misuses authority, you can seek relief before the Clerk of Superior Court (accounting, authority determinations) and, where appropriate, in Superior Court (injunctions, damages). A court‑appointed guardian of the estate can revoke a financial POA; a guardian of the person can ask the court to suspend a health care agent’s authority.

Key Requirements

• Capacity to revoke: You must be competent to revoke your POA; if not, a guardian of your estate can act for you on a financial POA, and a guardian of your person can seek suspension of a health care agent.
• Written revocation and notice: Sign a revocation and give actual notice to your agent and to third parties relying on the POA. Keep proof of delivery.
• Recording when real estate is involved: If the POA was recorded or used for real property, record the revocation with the Register of Deeds to put the world on notice.
• Replace if needed: If you want someone else to act, execute new financial and/or health care POAs and distribute them to your providers and institutions.
• Court relief if agent won’t stop: Petition the Clerk to compel an accounting and address the agent’s authority; seek injunctions or other remedies in Superior Court if misuse continues.
• Spouse-agents and divorce: A court decree of divorce generally terminates a spouse’s authority under a financial POA (unless the document says otherwise); still send notice to third parties.

What the Statutes Say

• North Carolina Gen. Stat. § 32C-1-110 (Termination of agent’s authority) – Lists events that end a financial POA or an agent’s authority, including revocation and divorce.
• North Carolina Gen. Stat. § 32C-1-116 (Judicial relief) – Allows proceedings before the Clerk to compel accountings, address authority, and related POA matters.
• North Carolina Gen. Stat. § 32C-1-119 (Protection of persons that rely on a POA) – Third parties may rely on a POA until they know it has ended.
• North Carolina Gen. Stat. § 32A-22 (Guardians and health care agents) – 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: Because you are the principal and want to revoke, you can do so now if you are competent by signing a revocation and giving actual notice to your spouse and to every provider or institution that has a copy. Since your spouse already used the POA for living/health decisions, promptly notify banks, doctors, and hospitals, and record the revocation if the POA was recorded or used for real estate. If your spouse continues to act after notice, file with the Clerk to compel an accounting and address the agent’s authority, and seek court orders to stop misuse.

Process & Timing

1. Who files: You (the principal). Where: No court filing is needed to revoke; deliver notice directly. If real estate was involved, record the revocation with the Register of Deeds in each county where the POA was recorded or property is located. What: Signed revocation letter; new POA forms if naming a new agent. When: Immediately; third parties may rely on the POA until they receive actual notice.
2. If the agent won’t stop: File a verified petition under Chapter 32C with the Clerk of Superior Court (Estates Division) in your county to compel an accounting and address the agent’s authority; hearings are typically set in weeks, but timing varies by county.
3. Urgent relief: If assets are at risk, your attorney can seek a temporary restraining order or injunction in Superior Court. For health care POAs, if necessary, a guardian of the person can be appointed and petition to suspend the health care agent’s authority.

Exceptions & Pitfalls

• Competency: If you lack capacity, a guardian of the estate can revoke a financial POA; a guardian of the person must petition to suspend a health care agent’s authority.
• Real estate trap: If the POA was used or recorded for property, failing to record your revocation can leave title examiners and buyers unaware.
• Notice gaps: Banks and providers may keep honoring the POA until they get actual notice. Send notices by certified mail or verified delivery and keep receipts.
• Health care specifics: Tell your physician and care providers in writing; ask that your chart reflect the revocation and provide your new health care POA.
• Divorce: A divorce generally ends a spouse’s authority under a financial POA by statute, but you should still notify institutions to prevent reliance on old copies.

Talk to a Estate Planning Attorney

If you’re dealing with an agent who won’t honor your revocation or return a power of attorney, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at 704-555-1212.

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.