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What is a North Carolina Power of Attorney?
The individual granting control is called the "principal," and the people or organizations receiving authority are called the "agents." Suited for North Carolina residents, this Power of Attorney can be used in Guilford County, Mecklenburg County, Wake County, and in every other part of the state. All North Carolina Power of Attorney forms from Rocket Lawyer can be tailored to address your specific scenario. This essential document will provide confirmation to financial institutions and other parties that your chosen representative can sign documents or take other actions for you when you are not present or able.
When to use a North Carolina Power of Attorney:
- You wish to give someone broad authorization to act for you if you are absent or incapable.
- You wish to give someone power to handle certain financial or legal issues in your absence or if you become ill.
- You wish to authorize someone to act on your behalf if case you become legally incompetent or incapacitated.
Sample North Carolina Power of Attorney
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NORTH CAROLINA STATUTORY SHORT FORM POWER OF ATTORNEY
NOTICE: THE POWERS GRANTED BY THIS DOCUMENT ARE BROAD AND SWEEPING. THEY ARE DEFINED IN CHAPTER 32C OF THE NORTH CAROLINA GENERAL STATUTES WHICH EXPRESSLY PERMITS THE USE OF ANY OTHER OR DIFFERENT FORM OF POWER OF ATTORNEY DESIRED BY THE PARTIES CONCERNED.
IMPORTANT INFORMATION
This power of attorney authorizes another person (your agent) to make decisions concerning your property for you (the principal). Your agent will be able to make decisions and act with respect to your property (including your money) whether or not you are able to act for yourself. The meaning of authority over subjects listed on this form is explained in the North Carolina Uniform Power of Attorney Act.
This power of attorney does not authorize the agent to make healthcare decisions for you.
You should select someone you trust to serve as your agent. Unless you specify otherwise, generally the agent's authority will continue until you die or revoke the power of attorney or the agent resigns or is unable to act for you.
Your agent is entitled to reasonable compensation unless you state otherwise in the Additional Provisions and Exclusions.
This form provides for designation of one agent, successor agent, and second successor agent. If you wish to name more than one agent, successor agent, and second successor agent, you may name a coagent, successor coagent, or second successor coagent in the Additional Provisions and Exclusions. Coagents, successor coagents, or second successor coagents are not required to act together unless you include that requirement in the Additional Provisions and Exclusions.
If your agent is unable or unwilling to act for you, your power of attorney will end unless you have named a successor agent. You may also name a second successor agent.
This power of attorney becomes effective immediately.
If you have questions about the power of attorney or the authority you are granting to your agent, you should seek legal advice before signing this form.
DESIGNATION OF AGENT
or if we become legally separated or divorced, I hereby revoke any and all general powers of attorney that previously have been signed by me. I hereby revoke any and all special powers of attorney that previously have been signed by me. I hereby revoke any and all general powers of attorney and special powers of attorney that previously have been signed by me. However, the preceding sentence shall not have the effect of revoking any powers of attorney that are directly related to my healthcare that previously have been signed by me.
GRANT OF GENERAL AUTHORITY
I grant my agent and any successor agent general authority to act for me with respect to the following subjects as defined in the North Carolina Uniform Power of Attorney Act, Chapter 32C of the General Statutes:
(INITIAL each subject you want to include in the agent's general authority.)
| ________ | Make a gift, subject to the limitations provided in G.S. 32C-2-217 |
| ________ | Create or change rights of survivorship |
| ________ | Create or change a beneficiary designation |
| ________ | Authorize another person to exercise the authority granted under this Power of Attorney |
| ________ | Waive my right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan |
| ________ | Exercise fiduciary powers that I have authority to delegate |
| ________ | Disclaim or refuse an interest in property, including a power of appointment |
| ________ | Access the content of electronic communications |
| ________ | Power to appoint a successor agent |
ADDITIONAL PROVISIONS AND EXCLUSIONS
Each Agent may act independently, without the consent of the other Agent. The Agents must act jointly, with the consent of the other Agent. If either Agent is unable to serve for any reason, the other Agent shall serve alone. If either Agent is unable to serve for any reason, I appoint , of , , , as my Successor Agent to serve alone. If either Agent is unable to serve for any reason or if we become legally separated or divorced, I appoint , of , , as my Successor Agent to serve alone. If both Agents are unable to serve (either together or independently) I appoint , , , to act as my Alternate Successor Agent to serve alone.
EFFECTIVE DATE
This power of attorney is effective immediately.
RELIANCE ON THIS POWER OF ATTORNEY
Any person, including my agent, may rely upon the validity of this Power of Attorney or a copy unless that person knows it has terminated or is valid.
MEANING AND EFFECT
The meaning and effect of this Power of Attorney shall for all purposes be determined by the law of the State of North Carolina.
This Power of Attorney shall become effective immediately. This Power of Attorney shall continue effective until or until I lack sufficient mental competence to understand and handle my financial and personal affairs or until I lack sufficient mental competence to understand and handle my financial and personal affairs
In addition to the methods of revocation provided by section 32C of the General Statutes of North Carolina, this Power of Attorney may be revoked by my executing and acknowledging, in the manner provided for execution of durable powers of attorney in Chapter 32C of the General Statutes of North Carolina, a subsequent Power of Attorney, a copy of which is delivered to the Agent acting under this Power of Attorney in person or to such persons last known address by certified or registered mail, return receipt requested.
Dated ____________________, ______, at , .
__________________________________
STATE OF ,
COUNTY OF , ss:
On this _____ day of ____________________, ______ personally appeared before me, the said named to me known and known to me to be the person described in and who executed the foregoing instrument and he (or she) acknowledged that he (or she) executed the same and being duly sworn by me, made oath that the statements in the foregoing instrument are true.
In witness whereof, I hereunto set my hand and official seal.
_________________________________
Notary Public
My commission expires _____________
Notice to Person Executing Power of Attorney:
A Power of Attorney is an important legal document. By signing the Power of Attorney, you are authorizing another person to act for you, the principal. Before you sign this Power of Attorney, you should know these important facts:
Your Agent has no duty to act unless you and your Agent agree otherwise in writing.
This document gives your Agent the powers to manage, dispose of, sell and convey your real and personal property, and to use your property as security if your Agent borrows money on your behalf, unless you provide otherwise in this Power of Attorney.
Your Agent will have the right to receive reasonable payment for services provided under this Power of Attorney unless you provide otherwise in this Power of Attorney.
The powers you give your Agent will continue to exist for your entire lifetime, unless you state that the Power of Attorney will last for a shorter period of time or unless you otherwise terminate the Power of Attorney. The powers you give your Agent in this Power of Attorney will continue to exist even if you can no longer make your own decisions respecting the management of your property, unless you provide otherwise in this Power of Attorney.
You can change or correct the terms of this Power of Attorney only by executing a new Power of Attorney, or by executing an amendment through the same formalities as an original. You have the right to revoke or terminate this Power of Attorney at any time, so long as you are competent.
This Power of Attorney must be dated and must be acknowledged before a notary.
You should read this Power of Attorney carefully. When effective, this Power of Attorney will give your Agent the right to deal with property that you now have or might acquire in the future. The Power of Attorney is important to you. If you do not understand the Power of Attorney, or any provision of it, then you should obtain the assistance of an attorney or other qualified person.
Important Information for Agent:
Agent's Duties
When you accept the authority granted under this power of attorney, a special legal relationship is created between you and the principal. This relationship imposes upon you legal duties that continue until you resign or your authority is terminated or the power of attorney is terminated or revoked. You must:
| (1) | Do what you know the principal reasonably expects you to do with the principal's property or, if you do not know the principal's expectations, act in the principal's best interest; |
| (2) | Act in good faith; |
| (3) | Do nothing beyond the authority granted in this power of attorney; and |
| (4) | Disclose your identity as an agent whenever you act for the principal by writing or printing the name of the principal and signing your own name as "agent" in the following manner: (Principal's Name) by (Your Signature) as Agent. |
Unless the Additional Provisions and Exclusions in this power of attorney state otherwise, you must also:
| (1) | Act loyally for the principal's benefit; |
| (2) | Avoid conflicts that would impair your ability to act in the principal's best interest; |
| (3) | Act with care, competence, and diligence; |
| (4) | Keep a record of all receipts, disbursements, and transactions made on behalf of the principal; |
| (5) | Cooperate with any person that has authority to make health care decisions for the principal to do what you know the principal reasonably expects, or if you do not know the principal's expectations, to act in the principal's best interest; |
| (6) | Attempt to preserve the principal's estate plan if you know the plan and preserving the plan is consistent with the principal's best interest; and |
| (7) | Account to the principal (or a person designated by the principal (if any) in the Additional Provisions and Exclusions. |
Termination of Agent's Authority
You must stop acting on behalf of the principal if you learn of any event that terminated or revoked this power of attorney or your authority under this power of attorney. Events that terminate a power of attorney or your authority to act under a power of attorney include:
| (1) | Death of a principal; |
| (2) | The principal's revocation of the power of attorney or the termination of your authority; |
| (3) | The occurrence of a termination event stated in the power of attorney; |
| (4) | The purpose of the power of attorney is fully accomplished; or |
| (5) | If you are married to the principal, your divorce from the principal, unless the Additional Provisions and Exclusions in this power of attorney state that your divorce from the principal will not terminate your authority. |
Liability of Agent
The meaning of the authority granted to you is defined in the North Carolina Uniform Power of Attorney Act. If you violate the North Carolina Uniform Power of Attorney Act or act outside the authority granted, you may be liable for any damages caused by your violation.
If there is anything about this document or your duties that you do not understand, you should seek legal advice.
North Carolina Power of Attorney FAQs
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How do I get power of attorney in North Carolina?
It's quick and easy to grant or receive the authority you need with a free North Carolina Power of Attorney template from Rocket Lawyer:
- Make your PoA - Provide a few simple details and we will do the rest
- Send or share - Discuss it with your agent or ask a lawyer
- Sign and make it legal - Mandatory or not, notarization/witnesses are encouraged
This solution, in many cases, would be notably less expensive than finding and working with a traditional provider. If needed, you can prepare a PoA on behalf of an elderly parent, a spouse, or another relative, and then have that person sign it once you've drafted it. Keep in mind that for this document to be valid, the principal must be an adult who is mentally competent at the time of signing. If the principal is already incapacitated and unable to make their own decisions, a court-appointed conservatorship generally will be necessary. When managing such a situation, it is important to talk to a lawyer .
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Do I need to have a North Carolina PoA?
Anyone who is over 18 ought to have a Power of Attorney. While it may be unpleasant to acknowledge, there will likely come a time when you are no longer able to make important decisions on your own. There will also be moments when you're merely out of pocket. Here are some common situations in which you may find power of attorney to be helpful:
- You would like to give someone the ability to handle specific legal or financial issues in your absence or if you are unwell
- You currently live in a care facility and need help managing your finances
- You are getting older or dealing with limited mobility or ongoing health issues
- You intend to move or travel abroad
Regardless of whether your North Carolina Power of Attorney has been prepared as part of a forward-looking plan or created as a result of an emergency, witnesses and/or notarization can often help to protect your agent if their authority is disputed.
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Which type of Power of Attorney do I need in North-Carolina?
Power of Attorney documents can be categorized in multiple ways. They are primarily dependent on how long the powers will remain in effect, when they will come into effect, and what they will offer authority over. Most often, you will see them defined in four buckets:
- Springing Power of Attorney - Comes into effect based on certain guidelines
- Durable Power of Attorney - Remains in effect even if you become incapacitated or mentally incompetent
- Special Power of Attorney - Grants a limited scope of powers over specified matters
- General Power of Attorney - Grants a broad scope of authority over your affairs
When producing your free North Carolina Power of Attorney with Rocket Lawyer, you may decide to have the power begin upon signing, on a desired day, or only at the point when you're no longer capable. The Power of Attorney may end either on a specific date or when you pass away.
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Do I need an attorney to make a Power of Attorney?
North Carolina Power of Attorney forms are usually simple to make, but you or your agent(s) could need advice. Seeking out an attorney to proofread your North Carolina Power of Attorney can be time-intensive and relatively expensive. A more cost-effective alternative is via Rocket Lawyer attorney services. As a Premium member, you can get your document looked at by an experienced attorney. As always, you can rest assured that Rocket Lawyer is by your side.
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What might I usually have to pay for an attorney to help me get a Power of Attorney form in North Carolina?
The cost of working with a lawyer to produce a Power of Attorney could total anywhere from two hundred to five hundred dollars. Unlike the other websites that you may come across, Rocket Lawyer offers more than a Power of Attorney template. If you ever need help from a lawyer, your Premium membership offers up to 40% in savings when you hire an attorney from our Rocket Lawyer attorney network.
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What are my next steps once I write a North Carolina Power of Attorney?
After creating your document with Rocket Lawyer, you will have the ability to open it anytime, anywhere. You are encouraged to take any or all of these actions related to your document: editing it, downloading it as a PDF document or Word file, printing it out, and/or signing it. Your Power of Attorney will come with a set of tips to follow while finalizing your document. Your agent(s) and financial institutions should receive a copy of your fully executed document.
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Does a Power of Attorney need to be notarized, witnessed, and/or recorded in North Carolina?
The rules for PoA forms will be different in each state; however, in North Carolina, your Power of Attorney will need to be signed by a notary public. If your agent(s) will have the ability to manage real estate transactions, the Power of Attorney must be signed by a notary public and recorded with the county.
See North Carolina Power of Attorney law: Chapter 32C
