Oct302024
Probate Q&A Series

What Should I Do if My Sibling with Power of Attorney Sells My Mom’s Property?

Detailed Answer

When you discover that your sibling, acting under a Power of Attorney (POA), has sold your mother’s real estate, you may worry about whether the sale was proper and how to protect her interests. In North Carolina, an agent under a POA owes strict duties to the principal. If your mother granted your sibling authority to manage her assets, the POA document must expressly authorize real estate transactions. If it does not, any sale may exceed the agent’s authority and violate your mother’s rights.

North Carolina’s Power of Attorney Act lays out the agent’s obligations:

If your sibling acted without proper authority or misused the POA, you can ask a North Carolina Superior Court to review the sale. Under N.C.G.S. § 32D-6-601, a “guardian, conservator, principal, or other interested person” may file an action to determine the validity of the POA agent’s actions and seek relief. The court can undo unauthorized transactions, place proceeds in a constructive trust for your mother, and order your sibling to pay attorney’s fees.

In addition, if your mother lacks mental capacity, you may consider asking the court to appoint a guardian under North Carolina’s Adult Guardianship statute (Chapter 35A of the North Carolina General Statutes). A guardian can safeguard her well-being and manage her assets, preventing further misuse.

Key Steps to Protect Your Mother’s Interests

  • Review the POA document to see if it specifically authorizes real estate sales.
  • Request an itemized accounting from your sibling of all transactions made under the POA (N.C.G.S. § 32D-1-107).
  • Gather closing documents, deeds, title reports, and bank records related to the sale.
  • Consult an attorney experienced in North Carolina probate and power of attorney disputes.
  • Consider filing a judicial action under N.C.G.S. § 32D-6-601 to challenge unauthorized sales and seek restitution.
  • Explore adult guardianship under Chapter 35A if your mother lacks capacity to make financial decisions.
  • Maintain clear communication with all family members to reduce conflict and focus on your mother’s best interests.

Resolving a POA dispute can feel overwhelming. Acting quickly helps protect your mother’s assets and ensures her wishes guide any financial decisions.

Contact Pierce Law Group for Help

If your sibling has sold your mother’s property under questionable authority, Pierce Law Group can help you review the POA, gather evidence, and pursue court action to restore your mother’s rights. Our attorneys handle power of attorney and probate matters every day. Contact us to discuss your situation:

Category: Probate Q&A Series

Author: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.