How can I recover a parent’s assets if a power of attorney agent misappropriates them in North Carolina?
When an agent named in a power of attorney misuses funds, you can take specific legal actions to protect your parent’s estate and recover misappropriated assets. Under North Carolina’s Uniform Power of Attorney Act (Chapter 32C of the General Statutes), an agent owes fiduciary duties to the principal. If the agent breaches those duties, state law provides civil and criminal remedies.
1. Revoke the Power of Attorney
Immediately revoke the power of attorney by following G.S. 32C-3-303. Give written notice of revocation to the agent and any third parties holding your parent’s assets. File a copy of the revocation with the clerk of superior court if required. (See G.S. 32C-3-303.)
2. Demand an Accounting
Under G.S. 32C-3-306, an agent must keep records and account to the principal. Send a formal written demand for a complete accounting of all transactions. If the agent refuses, petition the clerk of superior court under G.S. 32C-8-820 for a court-ordered accounting and surcharge. (See G.S. 32C-8-820.)
3. Petition to Remove the Agent and Recover Funds
File a petition under G.S. 32C-8-820 in the county where your parent resides. Ask the court to:
- Remove the agent for breach of fiduciary duty.
- Order the agent to repay misappropriated funds plus interest.
- Require a full forensic accounting by a neutral party.
4. Consider Guardianship
If your parent becomes incapacitated and the agent continues unauthorized transactions, you can file for guardianship under Chapter 35A of the General Statutes. A court-appointed guardian oversees property and financial decisions. (See G.S. 35A-1201.)
5. Explore Criminal Charges
Misappropriating a principal’s assets may violate state laws against embezzlement or larceny. Contact local law enforcement to report theft or financial exploitation of an elder. The district attorney can pursue charges under G.S. 14-90 and related sections.
6. Work with a Probate Attorney
An attorney experienced in North Carolina probate and estate administration can guide you through court procedures. We help you file petitions, negotiate settlements, and secure orders to recover assets.
7. Act Quickly
Statutes of limitation apply. You generally have three years to bring a civil action for breach of fiduciary duty under G.S. 1-52. Collect evidence now, including bank statements, emails, and letters.
Key Steps to Recover Misappropriated Assets
- Gather financial records showing unauthorized transactions.
- Revoke the power of attorney in writing and notify relevant parties.
- Demand a written accounting from the agent.
- File a petition under Chapter 32C for removal and surcharge.
- Consider a professional forensic accounting.
- Evaluate filing for guardianship if incapacity is an issue.
- Report theft to law enforcement for criminal prosecution.
- Consult a probate attorney to navigate court rules and deadlines.
Recovering a parent’s assets after misappropriation by an agent requires prompt action and a clear legal strategy. At Pierce Law Group, our attorneys guide you step by step through revoking a power of attorney, demanding an accounting, petitioning the court, and handling any guardianship or criminal matters. Contact us now to protect your parent’s estate. Email us at intake@piercelaw.com or call us at (919) 341-7055.
