What to Do When an Agent Under a Power of Attorney Acts Wrongfully

Name: ESTATE PLANNING – Avoid Probate and Take Control of Your Future
Start: 2026-06-22T14:00:00-04:00
End: 2026-06-22
Location: Bistro 214

Powers of attorney are powerful legal tools that allow one person (the principal) to appoint another (the agent) to manage their affairs. Ideally, the agent acts in the principal’s best interest, but unfortunately, that’s not always the case. At McIntyre Elder Law, we often encounter situations where an agent is not living up to their responsibilities—or worse, is abusing their power.

Recognize Misuse of Power of Attorney

Misuse can take many forms. We’ve seen agents who:

Take money from the principal’s accounts for personal use
Fail to pay bills or manage finances appropriately
Make decisions that benefit themselves at the principal’s expense
Ignore their legal obligations entirely

This kind of behavior is not just unethical—it can also be illegal. If you suspect this is happening to a loved one, there are legal avenues you can take.

Step One: Petition for an Accounting

North Carolina law provides a remedy through the Clerk of Superior Court. A family member or other interested party can file a petition for an accounting. This legal action requires the agent to provide a detailed explanation of how they have managed the principal’s finances and assets.

The agent must present bank statements and other documentation that reveal exactly how the power of attorney has been used. This process shines a light on their actions and gives the court a clear picture of whether they have upheld their fiduciary duty.

If the court finds wrongdoing, it has the authority to remove the agent immediately—stopping further harm and potentially beginning the process of restitution.

Step Two: Civil Litigation

Sometimes, the misuse of a power of attorney isn’t discovered until much later—even after the principal has passed away. In such cases, civil lawsuits may be necessary.

Legal actions for breach of fiduciary duty or civil conversion can be pursued. These suits allege that the agent acted in their own interest, violated their duty to act in good faith, and improperly took control of the principal’s assets. If successful, these claims can lead to financial recovery for the principal or their estate.

Your Rights and Remedies

The fiduciary duty owed by an agent under a power of attorney is a serious legal obligation. They are required to act in the best interest of the principal at all times. If they fail to do so, they can and should be held accountable.

At McIntyre Elder Law, we have extensive experience helping families navigate these complex and often emotional situations. If you suspect an abuse of power of attorney, don’t wait. Taking prompt legal action can protect your loved one’s assets and ensure justice is served.