Short Answer

In North Carolina, co-agents under a financial power of attorney may act independently unless the document says otherwise. A co-agent can arrange occupancy or a lease of the principal’s home only within the authority granted by the power of attorney and must act in the principal’s best interests. If the move-in is rent-free or benefits the co-agent’s family, it may be a conflict or an unauthorized gift. You can ask the Clerk of Superior Court to determine the agent’s authority and, if needed, to stop the move.

Understanding the Problem

In North Carolina, you and another person serve as co-agents under your parent’s financial power of attorney. The other co-agent wants to move a family member into your parent’s home, and your parent still has the right to live there for life. Your question is whether the co-agent can do this without your consent and what you can do to prevent it.

Apply the Law

Under North Carolina’s power of attorney law, co-agents generally may act independently unless the power of attorney requires joint action. Authority over real property comes from the document: if it grants general authority for real property, an agent may manage, lease, or otherwise deal with the home. Every agent must act loyally, in good faith, and for the principal’s benefit, avoid conflicts that impair judgment, keep records, and, when known, try to preserve the principal’s estate plan. Disputes over an agent’s authority can be brought to the Clerk of Superior Court, who can construe the document, order an accounting, or limit the agent’s actions; claims for money damages go to Superior Court.

Key Requirements

• Co-agent authority: By default, each co-agent may act alone unless the power of attorney says joint consent is required.
• Real property powers: The agent needs authority over real property in the document; occupancy or a lease must be for the principal’s benefit (not the agent’s family).
• Fiduciary duties: The agent must act in good faith, avoid conflicts, keep records, and align decisions with the principal’s needs and known estate plan.
• Respect for the principal’s rights: If the principal retains a right to live in the home, any occupancy arrangement must not interfere with that right.
• Court oversight: You (as a co-agent or other interested person) can petition the Clerk of Superior Court to determine authority, require an accounting, or enjoin improper action; damages claims belong in Superior Court.

What the Statutes Say

• North Carolina Gen. Stat. § 32C-1-111 (Coagents and successor agents) – Co-agents may act independently unless the power of attorney provides otherwise.
• North Carolina Gen. Stat. § 32C-1-114 (Agent’s duties) – Requires loyalty, good faith, avoidance of conflicts, and record-keeping.
• North Carolina Gen. Stat. § 32C-1-116 (Judicial relief) – Allows petitions to the Clerk to compel accountings, construe authority, and determine agent powers; venue and transfer rules.
• North Carolina Gen. Stat. § 32C-2-204 (Real property) – Details an agent’s general authority to manage, lease, and convey real property when granted.

Analysis

Apply the Rule to the Facts: Because co-agents may act independently by default, your co-agent can act without your signature unless the power of attorney requires joint decisions. Moving a family member into the home is only proper if the document grants real property authority and the arrangement serves your parent’s best interests and respects your parent’s continuing right to live there. If the plan is rent-free or benefits the co-agent’s family, it may be an unauthorized gift or a conflict; you can ask the Clerk to determine the agent’s authority and stop the move.

Process & Timing

1. Who files: You (as co-agent) or any interested person. Where: Clerk of Superior Court in the North Carolina county where your parent resides or where the property is located. What: A verified petition under § 32C-1-116 to determine the agent’s authority, construe the power of attorney, and, if needed, to prohibit the move and compel an accounting; attach the signed power of attorney and supporting facts. When: File as soon as the dispute arises or if move-in is imminent.
2. After filing, the Clerk sets a hearing and requires notice to the co-agent and other required parties. Timeframes vary by county; urgent cases may seek interim relief to maintain the status quo. Any party may transfer a proceeding that construes authority to Superior Court.
3. Outcome: An order clarifying authority (and, if appropriate, limiting or suspending the agent’s action) and directions for any accounting. Monetary-damages claims, if pursued, are filed separately in Superior Court.

Exceptions & Pitfalls

• If the power of attorney requires joint action, your co-agent cannot proceed without your consent.
• Rent-free occupancy for a relative may be treated as a gift or a conflict; without express gifting authority and a clear benefit to the principal, it is risky.
• Your parent’s life-right to reside must be honored; any occupancy cannot impair that right.
• An agent cannot sell or partition interests your parent does not own; the agent may only act for your parent’s ownership interest and authority granted in the document.
• Service and notice matter—follow the Clerk’s rules under estate-proceeding procedures to avoid delays.

Talk to a Estate Planning Attorney

If you’re dealing with a co-agent trying to move someone into your parent’s home and you disagree, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at 919-341-7055.

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.