Short Answer

In North Carolina, you can ask the Clerk of Superior Court to order an accounting from the agent under a power of attorney and, if needed, seek court orders to limit, suspend, or terminate the agent’s authority. If your parent lacks capacity, petition for guardianship so a court‑appointed guardian can revoke the power of attorney and take control of finances. For immediate protection, you may seek injunctions in Superior Court to freeze assets, and if a pressured new will is later probated, you may file a caveat to challenge it.

Understanding the Problem

In North Carolina probate and protective proceedings, the key question is: can you stop a sibling, currently acting as your surviving parent’s power of attorney, from controlling finances after they moved money from a dedicated account. Your role is an interested family member asking the Clerk of Superior Court for relief. Timing matters if your parent’s capacity is declining or if a new will appears.

Apply the Law

North Carolina law lets “interested persons” ask the Clerk to supervise agents under a power of attorney. The Clerk can compel a detailed accounting and limit or suspend the agent’s authority in defined circumstances. If the parent cannot manage finances, a guardianship proceeding can place a guardian of the estate or general guardian in control; that guardian may revoke or amend the power of attorney. Claims for money damages against the agent (breach of fiduciary duty, conversion) are filed as a civil action in Superior Court. The forum is the Clerk of Superior Court for most power‑of‑attorney oversight, and Superior Court for injunctions and damages. A challenge to a pressured will is made by caveat after the will is probated.

Key Requirements

• Standing: You qualify as an “interested person” to seek an accounting and relief against an agent.
• Accounting first: File a verified petition with the Clerk to compel the agent to produce records and explain transfers.
• Capacity check: If your parent lacks capacity, file for guardianship so the guardian can revoke the power of attorney and take control.
• Proper forum: Use the Clerk for accounting and authority questions; use Superior Court for injunctions and monetary damages.
• Will pressure: If a new will is admitted to probate, file a caveat within the statutory period to contest it for undue influence or lack of capacity.

What the Statutes Say

• North Carolina Gen. Stat. § 32C-1-116 (Judicial relief re: powers of attorney) – Who can file; Clerk’s powers to compel an accounting and address an agent’s authority.
• North Carolina Gen. Stat. § 32C-1-117 (Agent’s liability; remedies) – Court remedies for breach of fiduciary duty by an agent.
• North Carolina Gen. Stat. § 32C-1-110 (Court‑appointed fiduciary and POA) – A guardian may revoke or amend a power of attorney.
• North Carolina Gen. Stat. § 31-32 (Caveat to will) – Procedure and timing to challenge a will after probate.

Analysis

Apply the Rule to the Facts: Because your sibling allegedly transferred funds from a dedicated account, you can petition the Clerk to compel a full accounting and documentation of those transfers, and seek to limit the agent’s authority. If your surviving parent is being pressured and cannot manage finances, a guardianship petition lets a guardian revoke the power of attorney and secure the accounts. If a new will later gets probated favoring that sibling, you can file a caveat within the allowed period to contest it.

Process & Timing

1. Who files: You as an interested person. Where: Clerk of Superior Court in the county where your parent lives or where the agent or property is located. What: Verified petition under § 32C‑1‑116 to compel accounting and for protective orders; serve an Estate Proceeding Summons (AOC‑E‑102). When: Respondents typically have 20 days to answer after service; the Clerk sets a hearing.
2. Guardianship (if capacity is impaired): File a petition to adjudicate incompetence and appoint a guardian of the estate or general guardian with the Clerk. Request interim relief to secure accounts; upon appointment, the guardian revokes the POA and notifies banks and payors. Record the revocation with the Register of Deeds.
3. Court protection and follow‑on claims: For immediate risk, file in Superior Court for a temporary restraining order/preliminary injunction and, when warranted, attachment to freeze assets. If a new will is admitted to probate, file a caveat within the statutory period. The personal representative can pursue recovery of misused assets as needed.

Exceptions & Pitfalls

• If your parent still has capacity, only your parent can revoke the power of attorney; the court will not remove an agent without grounds or a guardianship.
• The Clerk cannot award money damages; breach‑of‑fiduciary‑duty and conversion claims belong in a Superior Court civil action.
• Serve respondents under Rule 4 and include any required servicemember declarations to avoid delay; improper service can sink your petition.
• Record any revocation with the Register of Deeds and give written notice to banks and payors to stop the agent’s access.
• Misuse of a disabled child’s dedicated account may require a separate guardianship for that child or a focused civil claim depending on account ownership and capacity.
• Power of attorney authority ends at the principal’s death; after death, the estate’s personal representative pursues recovery.

Conclusion

In North Carolina, you can act through the Clerk of Superior Court to compel an accounting from your sibling, and you can ask the court to limit or suspend their power if needed. If your parent lacks capacity, seek guardianship so a court‑appointed guardian can revoke the power of attorney and secure assets. For urgent risks, request an injunction in Superior Court, and if a pressured will is probated, file a caveat within the allowed period. Start by filing a verified petition under § 32C‑1‑116 with the Clerk.

Talk to a Probate Attorney

If you’re dealing with a sibling misusing a power of attorney and want to protect a parent’s assets, 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.