Short Answer

In North Carolina, revoke a financial power of attorney by signing a written, notarized revocation, delivering notice to the agent, and recording the revocation with the Register of Deeds if the original power was recorded or used for real estate. Revoke a health care power of attorney by clearly communicating your intent to revoke and giving actual notice to your health care providers. If the agent will not honor the revocation, you can petition the Clerk of Superior Court for an order limiting or terminating the agent’s authority.

Understanding the Problem

You want to know how, in North Carolina, you can formally cancel a power of attorney you previously gave your spouse. The single decision is whether and how you can revoke it now that your spouse will not return or destroy the document.

Apply the Law

North Carolina law treats financial powers of attorney and health care powers of attorney differently. For financial powers, revocation is a formal written act with notice and, if the original was recorded or used for land transactions, recording the revocation. For health care powers, revocation can be communicated in any way that clearly expresses your intent, but providers are protected until they receive actual notice. The main forum for any needed court order is the Clerk of Superior Court in your county; there is no fixed deadline to revoke, but third parties may rely on a power of attorney until they have notice, so acting promptly matters.

Key Requirements

• Capacity or authority: You must have capacity to revoke. If you lack capacity, a court‑appointed guardian of your estate or general guardian may revoke a financial power; health care powers require court involvement to suspend.
• Written revocation (financial POA): Prepare and sign a notarized “Revocation of Power of Attorney,” identify the original POA and agent, and state it is revoked.
• Notice to the agent and third parties: Deliver the revocation to the agent and notify banks, title companies, and others who relied on the POA; keep proof of delivery.
• Record if real estate is involved: If the POA was recorded or used for real estate, record the revocation (with proof of service) in the Register of Deeds in each affected county.
• Health care POA revocation: Communicate your revocation and give actual notice to physicians, hospitals, and your health system so it reaches your medical chart.
• Court relief if needed: If the agent refuses to stop, petition the Clerk of Superior Court to limit or terminate the agent’s authority and compel an accounting.

What the Statutes Say

• North Carolina Gen. Stat. § 32C-1-110 (Termination and revocation of financial POA) – Covers revocation, effects of divorce, notice, and recording revocations.
• North Carolina Gen. Stat. § 32C-1-116 (Judicial relief re: powers of attorney) – Allows petitions to the Clerk to limit/terminate an agent and compel accountings.
• North Carolina Gen. Stat. § 32A-22 (Health care POA and guardianship) – A guardian of the person may seek a court order suspending a health care agent; providers are protected until actual notice.

Analysis

Apply the Rule to the Facts: Because your spouse will not return the document, your best protection is to revoke in writing, serve your spouse with the revocation, and notify any third parties who have relied on the POA. If the POA was ever recorded or used for real estate, record your revocation (with proof of service) at the Register of Deeds. For any health care POA your spouse has used, send written notice of revocation to your physicians and hospital so they update your chart. If your spouse continues to act, petition the Clerk of Superior Court to terminate or limit your spouse’s authority and require an accounting.

Process & Timing

1. Who files: You (the principal). Where: Register of Deeds in each county where the financial POA was recorded or real estate is located; Clerk of Superior Court (estate/probate division) if you need an order under Chapter 32C. What: A notarized Revocation of Power of Attorney (no statewide AOC form) identifying the original POA and agent; proof of service on the agent. When: Act immediately; deliver and, if applicable, record the same day or as soon as possible.
2. Notify third parties: Send the revocation to banks, title companies, accountants, and any other institutions that accepted the POA; for health care, provide written notice to your primary care provider and hospital so they update your records. Expect processing to take a few business days, with practices varying by county and provider.
3. If the agent won’t stop: File a verified petition with the Clerk of Superior Court under § 32C‑1‑116 to limit or terminate the agent’s authority and compel an accounting. The clerk will set a hearing; orders typically issue within weeks, subject to local docketing.

Exceptions & Pitfalls

• Capacity matters: You must have capacity to revoke; if not, a guardian of your estate or general guardian can revoke a financial POA. Health care agent authority is suspended only by court order in a guardianship.
• Recording traps: If the financial POA was recorded or used for real estate, failing to record your revocation can leave title companies and buyers free to rely on the old POA.
• Notice gaps: Health care providers are protected until they have actual notice; deliver written notice and confirm your chart is updated.
• Divorce effect: A divorce generally ends a spouse-agent’s authority under a financial POA by statute, but you should still give notice and, if applicable, record a revocation to avoid confusion.
• Original document: You do not need the original POA to revoke; focus on a proper written revocation, service on the agent, and notice/recording.

Talk to a Estate Planning Attorney

If you’re dealing with revoking a power of attorney and need to stop an agent from acting, our firm can help you understand your options, prepare the revocation, and move quickly in court if necessary. Call us today to speak with an attorney.

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.