Legal Question in Wills and Trusts in North Carolina

Powers of attorney end at death and will have no effect on his assets after his death. Regarding a will, that decision is your father's to make if he is mentally competent. You cannot force him to make a will. The power of attorney would allow you to manage your father's property while he is alive, but again, this is something he has to make.

If your father is not mentally competent, you can seek to become what is called the Guardian of your father's person and/or property. Talk to the clerk of court for your county if this looks like something you wish to do. I would recommend that you hire an attorney as you will need medical proof of your father's incompetency.

Your siblings stealing and maxing out credit cards is not proof that your father is incompetent. The way to handle this is to make your father aware of it and have him file criminal charges on your siblings unless they wish to admit this and take responsibility (i.e., pay for it).

If your father dies without a will and if your father has not remarried by the time of his death, any of the children can apply to the court to become the administrator. It will require that you all agree. If you cannot agree, the clerk will have a hearing and will appoint one of you. Whoever is appointed will have to be able to get a bond and be otherwise qualified. If nobody is appointed or applies within 6 months, there is a public administrator. You can request that the clerk appoint the public administrator.

To avoid these problems, it is better to make a will. I have a statewide practice and prepare estate plans for a reasonable fee. Please have your father contact my office if he is interested.

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