Short Answer

In North Carolina, you can act now to protect your parent and their assets. You may petition the Clerk of Superior Court to compel an accounting from the sibling who holds the power of attorney, and ask the court to limit, suspend, or remove that agent if they misused funds. If your parent’s capacity is impaired or they’re being exploited, you can seek an emergency or full guardianship. If a new will is signed under pressure, you can later challenge it in Superior Court through a will caveat.

Understanding the Problem

You’re asking how, under North Carolina probate law, you can stop a sibling from pressuring your elderly parent to change their will. Your sibling is currently acting under a power of attorney and has already moved money from a dedicated account, raising immediate concerns about undue influence and financial abuse. This is the right place to learn what you can file, where to file it, and when, to protect your parent and preserve a fair estate plan.

Apply the Law

North Carolina law gives the Clerk of Superior Court authority to oversee agents under powers of attorney, compel accountings, and—when warranted—suspend or remove an agent and order remedies. Guardianship can be used when an adult cannot manage their affairs or is at substantial risk of harm. If a pressured will is later signed and probated, the validity of that will is tested in a “caveat” proceeding in Superior Court. A caveat generally must be filed within a set time after probate.

Key Requirements

• Power of Attorney Oversight: File a petition with the Clerk to compel an accounting and to limit, suspend, or remove the agent if they breached fiduciary duties (for example, transfers to themselves).
• Guardianship When Needed: If your parent lacks capacity or is being exploited, petition for guardianship (emergency or full) so a court‑appointed guardian, not the sibling, controls decisions.
• Asset Preservation: If funds are at risk, seek court orders such as injunctions to freeze accounts, require returns of property, or impose constructive trusts.
• Challenging a Pressured Will: If a new will is executed and admitted to probate, file a will caveat to challenge it based on undue influence or lack of capacity.
• Forum and Timing: The Clerk of Superior Court hears POA and guardianship matters; a caveat proceeds in Superior Court after filing with the Clerk. The caveat deadline generally runs from probate.

What the Statutes Say

• N.C. Gen. Stat. § 32C-1-116 (Judicial relief re: power of attorney) – Allows petitions to compel accountings and to limit, suspend, or remove an agent.
• N.C. Gen. Stat. § 32C-1-117 (Agent’s liability and remedies) – Authorizes restoration of assets, injunctions, constructive trusts, and other relief for breaches.
• N.C. Gen. Stat. § 35A-1101 (Incompetent adults; definitions) – Defines when an adult may need a guardian to protect person and estate.
• N.C. Gen. Stat. § 31-32 (Caveat to a will; timing) – Provides who may file a caveat and the general time limit after probate.

Analysis

Apply the Rule to the Facts: Your sibling’s alleged transfers to themselves while serving as agent support an immediate petition to the Clerk for an accounting and for limits, suspension, or removal. If your parent’s decision‑making is impaired or they are at risk of exploitation, a guardianship filing can quickly shift control away from the sibling. If a new will gets signed under pressure and is later probated, you can file a caveat to challenge it within the statutory period. To prevent further loss now, you can also seek court orders to freeze or recover funds.

Process & Timing

1. Who files: A concerned family member or other interested person. Where: Clerk of Superior Court in your parent’s North Carolina county. What: Verified petition for judicial relief regarding a power of attorney (use an Estate Proceeding Summons, AOC‑E‑102) seeking an accounting and suspension/removal; attach bank records if available. When: File immediately; there is no fixed deadline while the principal is alive.
2. Next: If capacity is in doubt or exploitation is ongoing, file a guardianship petition (AOC‑SP‑200). The Clerk can appoint an emergency or interim guardian on short notice when risk is high. Expect required notices, potential evaluations, and a hearing; timelines vary by county.
3. If a new will is probated: File a will caveat with the Clerk in the county of probate; the case is transferred to Superior Court for a jury trial on validity (undue influence, capacity, execution). When: Generally within three years after probate in common form.

Exceptions & Pitfalls

• If your parent has capacity and freely chooses to change their will, that choice governs; focus on ensuring they receive independent legal advice without your sibling present.
• The Clerk can order accountings and remove or limit an agent, but claims for money damages against the agent are brought in Superior Court.
• If the will is probated in solemn form, objections must be raised before or at the hearing; missing that window can bar later challenges.
• Serve parties correctly under the Rules of Civil Procedure; improper service can delay or derail relief.

Conclusion

In North Carolina, you can move quickly to protect your parent and the estate plan: petition the Clerk to compel an accounting and to limit, suspend, or remove the power‑of‑attorney agent; seek guardianship if capacity is impaired or exploitation is occurring; and, if a pressured will is later probated, file a caveat on time. Next step: file a verified petition with the Clerk of Superior Court seeking POA oversight and immediate accounting, and ask for interim relief to stop further transfers.

Talk to a Probate Attorney

If you’re dealing with suspected financial abuse and pressure to change a will, 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.