Short Answer

In North Carolina, you challenge suspected abuse by a power-of-attorney (POA) agent in two tracks: (1) ask the Clerk of Superior Court to order the former agent to account and turn over records, and (2) have the estate’s personal representative file a wrongful death and related civil claims in Superior Court. If the agent caused the death, North Carolina’s slayer law can bar that person from inheriting. Wrongful death claims generally must be filed within two years of death.

Understanding the Problem

You want to know how, in North Carolina, you can contest a POA agent’s conduct when you believe the agent (the surviving spouse) managed your parent’s care and caused an overdose. You are considering fiduciary litigation and applying the slayer rule. One key fact: your parent died two years ago, and you and a half-sibling were disinherited.

Apply the Law

North Carolina’s Uniform Power of Attorney Act lets “interested persons” and, after death, the estate’s personal representative, ask the Clerk of Superior Court to compel a POA agent to account and produce records. Monetary claims for damages (breach of fiduciary duty, negligence, fraud) must be filed in Superior Court. A wrongful death claim can be brought only by the decedent’s personal representative. If the agent wrongfully killed the decedent, the slayer statute treats the agent as having predeceased the decedent, cutting off inheritance. Wrongful death proceeds are distributed under the intestacy statute, not by the will.

Key Requirements

• Standing: After death, the personal representative (executor/administrator) brings wrongful death and damages claims; an “interested person” or the personal representative can seek a POA accounting from the Clerk.
• Forum: Clerk of Superior Court handles POA accountings and related relief; Superior Court hears monetary claims (breach of fiduciary duty, fraud, negligence) and wrongful death.
• Termination at death: A POA ends at the principal’s death; the remedy shifts to compelling a post‑death accounting and suing for damages.
• Slayer rule: If the agent wrongfully caused death, a court can bar that person from inheriting, including under nonprobate transfers, consistent with statute.
• Deadline: Wrongful death generally must be filed within two years of the date of death; med‑mal nuances and repose rules may affect timing.
• Distribution of wrongful death: Net proceeds are distributed to statutory heirs under intestacy rules, not under the will.

What the Statutes Say

• N.C. Gen. Stat. § 32C-1-116 (Judicial relief re: POA) – Allows petitions to compel an accounting and related relief; monetary damage claims go to Superior Court.
• N.C. Gen. Stat. § 28A-18-2 (Wrongful death) – Personal representative prosecutes; proceeds distributed per intestacy; certain expenses may be paid.
• N.C. Gen. Stat. § 31A-3 (Slayer defined) – Defines “slayer” and provides grounds for barring inheritance.
• N.C. Gen. Stat. § 1-53(4) (Two-year limit) – Sets the general two‑year limitations period for wrongful death.

Analysis

Apply the Rule to the Facts: Because your parent died two years ago, the wrongful death limitations period is the immediate concern. The personal representative—not individual heirs—must file that claim in Superior Court. At the same time, you can petition the Clerk to compel the former POA agent to account and produce records, which can supply evidence. If a court finds the spouse wrongfully caused death, the slayer rule can bar that spouse from inheriting despite any will provisions.

Process & Timing

1. Who files: The personal representative. Where: Clerk of Superior Court in the county of the decedent’s domicile (to open/confirm the estate). What: Apply for Letters (AOC‑E‑201 for probate and letters, or AOC‑E‑202 for administration). When: Immediately—so the personal representative can act.
2. POA accounting petition: File a petition under Chapter 32C with the Clerk to compel the agent to account and produce records; the Clerk can order an accounting and related relief. Timeframes vary by county; expect weeks to a few months.
3. Civil action(s) in Superior Court: The personal representative files a wrongful death complaint (and, if supported, related claims like breach of fiduciary duty, conversion, constructive fraud) against the former agent. Seek provisional relief (e.g., injunction, constructive trust) if needed. Wrongful death should be filed within two years of death.
4. Slayer determination: In the civil case, request a determination that the agent is a “slayer.” If granted, the agent is treated as having predeceased and cannot inherit from the estate or via affected nonprobate transfers.
5. Distribution & closing: If wrongful death proceeds are recovered, the personal representative distributes net proceeds to heirs under intestacy rules, not the will; then completes final accounting and closes the estate with the Clerk.

Exceptions & Pitfalls

• A POA ends at death; you cannot “remove” the agent post‑death, but you can compel an accounting and pursue damages and recovery of assets.
• Only the personal representative has standing to sue for wrongful death; if the suspected wrongdoer is serving as personal representative, seek their removal and appointment of a neutral fiduciary.
• Wrongful death deadlines are strict; med‑mal theories have additional accrual and repose rules—do not wait to request records and file.
• Service and venue vary; some Clerk matters can be transferred to Superior Court—follow the correct forum to avoid dismissal.
• Wrongful death proceeds follow intestacy, not the will—disinherited children may still share in those proceeds.

Talk to a Probate Attorney

If you’re dealing with suspected POA abuse and a potential wrongful death in North Carolina, 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.