Short Answer

In North Carolina, you can act on two tracks: (1) involve Adult Protective Services (APS) through your county Department of Social Services to address immediate care and safety, and (2) ask the Clerk of Superior Court to oversee the fiduciaries. The Clerk can compel a trustee or an agent under a power of attorney to account, limit or suspend an agent’s authority, and, if needed, remove a trustee. If health decisions are being neglected, you can petition for guardianship and ask the court to suspend a health care agent for good cause.

Understanding the Problem

In North Carolina probate and fiduciary matters, families ask: how can I make unresponsive caregivers and decision-makers do their jobs, and when should I involve social services or the court to protect my parent’s care? Here, your sibling is the trustee and also holds your parent’s health care and financial powers of attorney. You want timely caregiving, transparency about money, and a way to intervene if they won’t respond.

Apply the Law

North Carolina law gives the Clerk of Superior Court original authority to resolve many trust and power-of-attorney issues and to appoint guardians when less-restrictive options fail. Trustees must inform and account to beneficiaries. Agents under a power of attorney must keep records and, when ordered, account. If a health care agent is failing, a guardianship petition can ask the court to suspend the agent’s authority for good cause. Internal trust issues are filed with the Clerk; damages claims go to Superior Court. Appeal windows and transfer rules are short, so timing matters.

Key Requirements

• Standing: As a beneficiary or other interested person, you may petition the Clerk to compel trust or POA accountings and seek relief.
• Trustee duties: A trustee must provide reasonably complete information and account at reasonable intervals; failure allows a petition to compel and, if warranted, removal.
• Agent duties (POA): An agent must keep records and can be ordered to account; the court may limit, suspend, or remove the agent and grant other remedies for breach.
• Health decisions: A health care agent’s authority is not automatically revoked by guardianship; the court may suspend it for good cause and direct how the guardian should act.
• Forum & timing: File trust and POA oversight petitions with the Clerk of Superior Court in the proper county; a party generally has a short window to transfer certain matters to Superior Court, and appeals from clerk orders are due quickly.

What the Statutes Say

• North Carolina Gen. Stat. § 36C-8-813 (Trustee’s duty to inform and report) – trustee must provide information and account.
• North Carolina Gen. Stat. § 36C-7-706 (Removal of trustee) – court may remove for serious breach, unfitness, or persistent failure.
• North Carolina Gen. Stat. § 32C-1-116 (Judicial relief under POA) – clerk/superior court can compel an accounting and determine or limit authority.
• North Carolina Gen. Stat. § 32C-1-117 (Agent’s liability) – remedies include suspension, removal, restitution, accounting, and other relief.

Analysis

Apply the Rule to the Facts: Because your sibling is both trustee and your parent’s health care and financial agent, you can (1) petition the Clerk to compel a trust accounting and, if noncompliance persists, seek removal; and (2) file a POA petition to compel an accounting and ask to limit or suspend financial authority if misuse or stonewalling appears. If health care decisions are being neglected, file for guardianship and request the court suspend the health care agent’s authority for good cause so a guardian can direct care.

Process & Timing

1. Who files: You (as beneficiary/interested person). Where: County Department of Social Services (Adult Protective Services). What: Report concerns about neglect, unresponsive caregivers, or exploitation; request a welfare check and coordination with hospice. When: Immediately if care needs are not being met.
2. Who files: You. Where: Clerk of Superior Court (proper county). What: Petition to compel trust accounting and related relief; separate petition under the POA statute to compel an agent’s accounting and to determine, limit, or suspend authority. When: After written demand is ignored; note that certain trust matters can be transferred to Superior Court by a party within a short statutory window.
3. Who files: You. Where: Clerk of Superior Court. What: Petition for adjudication of incompetence and appointment of a guardian; request in the same proceeding that the court suspend the health care agent’s authority for good cause and direct how the guardian should act. When: If health decisions are delayed or neglected and less-restrictive steps are insufficient; ask for interim relief if immediate risk exists.

Exceptions & Pitfalls

• Trust issues seeking money damages (breach of fiduciary duty, fraud) belong in Superior Court; internal administration (accounting, removal) starts with the Clerk.
• A health care power of attorney is not automatically revoked by guardianship; you must specifically ask the court to suspend the agent’s authority and give notice.
• Health providers may rely on a health care power of attorney until they receive actual notice of any court order suspending the agent; ensure timely service of the order.
• Venue matters: trust proceedings are filed in the proper county based on the trust’s administration or beneficiary location; foreign-administered trusts raise jurisdictional issues.
• Bank complaints and demand letters help build a record but do not replace court orders; file promptly if safety or assets are at risk.

Talk to a Probate Attorney

If you’re dealing with unresponsive caregivers and a trustee or agent who won’t account, 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.