A Power of Attorney (POA) gives someone you trust the ability to act on your behalf. They might help with your finances, health care decisions, or other important matters. But what happens if you change your mind? Maybe your relationship changes, or you no longer trust the person you chose. You might wonder how you can revoke or override a Power of Attorney in North Carolina. Here is what you need to know.
What is a Power of Attorney?
A Power of Attorney is a legal document. It lets someone else, called an “agent” or “attorney-in-fact,” act for you, the “principal.” There are a few types of POAs. A “General POA” gives broad powers but ends if you become mentally unable to make decisions. A “Durable POA” stays in place even if you lose mental capacity. In North Carolina, the rules for a valid POA are listed in Chapter 32C-1-104 of the General Statutes. For a POA to be valid, you must:
- Sign the document
- Have it notarized or signed by two competent witnesses
- Be mentally capable when you sign
How Do I Revoke My Power of Attorney?
In North Carolina, only the principal or a court can revoke a Power of Attorney. If you are still mentally capable, you can take back your POA at any time. Here are two ways you can do it:
Destroy All Copies
Some people think you can revoke a POA by tearing up or destroying all the copies. While this may work in some cases, it can be risky. Someone might still have a copy and could keep using it.
Prepare a Notice of Revocation
The safest way to revoke a POA is to create a written “Notice of Revocation.” This document should include:
- Your legal name and address
- The date of the original Power of Attorney
- A clear statement that you are revoking the POA
- The date you sign the notice
After you write the Notice of Revocation, you should:
- Sign it in front of a notary
- Send a copy to your former agent
- Send copies to any banks, doctors, or businesses that had the original POA
This way, everyone knows the agent no longer has authority to act for you.
Reasons to Revoke a Power of Attorney
There are many reasons you might want to revoke a Power of Attorney:
- You had a falling out with your agent.
- Your agent moved away or is no longer available.
- You have someone else you trust more.
- Your agent is not doing a good job.
- You just changed your mind. You do not need a special reason.
Can Someone Else Override a Power of Attorney?
In some cases, a court can step in. If someone thinks an agent is abusing their power or not acting in your best interest, they can ask the court to override the POA. The court may:
- Suspend the agent’s powers
- Remove the agent
- Appoint a guardian or another representative
Family members or close friends usually have to prove that the agent is doing something wrong, like stealing money or not following your wishes.
If you are still able to make decisions, you have the right to revoke the POA yourself. But if you are not mentally capable, the court has to get involved.
How the Court Handles Problems with a Power of Attorney
If there is a dispute, someone can file a petition with the court. The court will look at:
- Whether you had mental capacity when you signed the POA
- Whether the agent is doing what you wanted
- Whether the agent is using the POA for bad reasons
If the court finds problems, they can cancel the POA or appoint a guardian to protect you.
Steps to Take After Revoking a Power of Attorney
After you revoke your POA, make sure you:
- Tell your agent in writing
- Inform your bank and other financial institutions
- Update your medical providers
- Give copies of your Notice of Revocation to anyone who worked with your agent
If you create a new POA, let everyone know about the new agent.
Why Legal Help Matters When Revoking a POA
Going through the process of revoking a POA can feel overwhelming. You want to make sure everything is done the right way so that no one can challenge your decision later. A lawyer can help you prepare the Notice of Revocation and make sure it gets to all the right places. They can also step in if you think someone is misusing your Power of Attorney or if you need to ask a court for help.
Going Through a Dispute Over a Power of Attorney
Sometimes, family members disagree about what is best for a loved one. Maybe someone thinks an agent is not making good decisions. In these cases, it can turn into a legal fight. If you are involved in a dispute like this, having an experienced lawyer can make a big difference. They can explain your options and help you protect your rights.
Talk to an Estate Planning Lawyer Today
If you need help revoking a Power of Attorney or dealing with problems involving an agent, the team at Salines-Mondello Law Firm is ready to help. We can guide you through each step so you feel confident that your wishes are protected. Whether you want to revoke a POA, create a new one, or deal with a dispute, we are here to support you.
Call (910) 777-5734 today to schedule a consultation with our Wilmington estate planning lawyers.