Power of Attorney (POA) Abuse in North Carolina
When trust is broken, we fight — and win — to recover what's been taken
When someone grants a Power of Attorney, they're giving another person immense trust and authority — often over finances, and property. When that trust is broken, the results can devastate families and drain the principle's life savings.
That's when you need a firm that knows how to fight and win.
Our focus is clear: we litigate Fiduciary Abuse, Power of Attorney (POA) Abuse, and Estate Disputes across North Carolina. Led by Kirk Sanders, an experienced estate litigation lawyer, we represent heirs, beneficiaries, and family members seeking to uncover and stop financial exploitation — and, if necessary, take the case to trial.
Kirk Sanders authored the North Carolina Bar Association's chapter on Power of Attorney Abuse in its Fiduciary Litigation Book.
What Is Power of Attorney Abuse?
A Power of Attorney grants legal authority to an "agent" (or "attorney-in-fact") to act on someone else's behalf. This can include managing bank accounts, selling real property, and managing investments.
POA abuse occurs when that agent misuses their authority for personal gain — taking assets, transferring property to themselves, changing account beneficiaries, or cutting off family members from information or access. Most cases involve self-dealing and conflicts of interest by the fiduciary.
Many cases occur when family members become concerned how the POA is depleting an elderly, vulnerable adult. Other times, these cases often come to light after a loved one's death, when an executor or heirs discover assets missing or transferred in secret.
Common Signs of Fiduciary or POA Abuse
You may have a claim if you notice:
- Sudden or unexplained transfers of property or money
- Missing funds from bank or investment accounts
- A Power of Attorney document executed while the person was mentally or physically vulnerable
- Isolation of or alienating the elderly person from family members and friends
- New friends or caretakers gaining access to financial accounts
- Large transfers or gifts that are not normal for the elderly person
- Changes in deeds, titles, or beneficiary designations shortly before death
Questions to Ask Yourself
- Was the Power of Attorney signed when your loved one lacked full mental capacity?
- Was the person pressured or manipulated into signing it?
- Did the agent use the POA to transfer money, vehicles, or real estate to themselves or their children?
- Does the POA work? Did the POA quit a job after handling POA duties?
- Did the POA buy a new car?
- Has the agent refused to share financial records or account for transactions?
- Were you or other rightful heirs excluded or cut off from information about the estate?
- Has the POA alienated the elderly person to their friends and family?
- Does the POA talk poorly about friends and family?
If you're answering yes to any of these, it's time to get experienced legal help.
Legal Grounds for Challenging POA Abuse
These cases often involve one or more of the following claims:
Breach of Fiduciary Duty
The agent acted in their own interest rather than for the benefit of the principal.
Undue Influence
The person granting the POA was pressured or coerced.
Lack of Capacity
The principal lacked the mental understanding to execute the Power of Attorney.
Conversion or Embezzlement
The agent wrongfully took or spent assets for personal benefit.
Fraud or Forgery
The POA document was falsified, altered, or created without true authorization.
Estate Misadministration
Realizing after death that the POA agent transferred, sold, or gave away the elderly person's assets.
Each of these requires detailed investigation, evidence gathering, accountings, and skilled litigation — and that's what we do best.
Why Clients and Attorneys Choose Us
We've spent decades litigating cases involving Power of Attorney abuse, fiduciary misconduct, and estate mismanagement — and winning them.
Attorney Kirk Sanders has successfully:
- Recovered stolen assets by a POA agent that made NC Lawyers Weekly's Top 25 verdicts and settlements
- Uncovered and reversed fraudulent property and account transfers
- Secured judgments requiring agents to repay stolen or misused funds
- Proven undue influence in cases involving vulnerable or isolated individuals
- Protected rightful heirs from abuse disguised as authority
Other attorneys, guardians of the estate, and public administrators across North Carolina regularly refer complex estate and fiduciary cases to our firm because they trust our litigation experience, trial strategy, and results. We honor referral and co-counsel fee agreements under North Carolina Bar rules.
Your Case. Your Rights. Your Fight.
If you suspect Power of Attorney abuse or fiduciary misconduct, don't wait — time is critical to preserve evidence and protect your rights.
We'll investigate, litigate, and — if necessary — go to trial to recover what's been taken and hold the wrongdoer accountable.
We'll evaluate your claim, explain your options, and stand up for you every step of the way.