Validity Power Attorney With Two Agents

State:
North Carolina
Control #:
NC-P004
Format:
Word; 
Rich Text
Instant download

Description

This Agent Certification form, authorized by the statutes of the state of North Carolina, states that the agent appointed under a power of attorney certifies under oath among other things that the Principal is alive and has not revoked or terminated the Power of Attorney which granted him or her authority to act.
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FAQ

The witness must be at least 18 years old and entirely independent i.e. not anyone who is a party to the LPAs or a member of their family. A neighbour or work colleague is usually ideal, so long as they are not themselves a party to the LPAs. The witness can be the same person as your certificate provider.

An impartial person must witness you and your attorneys signing your LPA. You can't witness your attorneys' signatures and they can't witness yours.

You can appoint just 1 attorney, or more than 1 attorney, to act: "jointly" they must always make decisions together. "jointly and severally" they have to make some decisions together and some individually.

'Jointly' means permission from all attorneys is needed before you can carry out their instructions. 'Jointly and severally' means each attorney can act together or on their own it's up to attorneys to choose which way they prefer to act.

Attorney's can witness each other's signature, and your certificate provider can be a witness for the donor and attorneys.

Interesting Questions

More info

Nomination of conservator or guardian; relation of agent to court-appointed fiduciary. Can Power of Attorney Keep Family Away?Yes — at least in certain circumstances. Under the new law, multiple agents are presumed to be capable of acting independently. 1. Contains language that clearly indicates that the principal intends to create a power of attorney and clearly identifies the agent. 2. Unless the document provides otherwise, each co-agent may exercise its authority independently. The powers in a Power of Attorney are specific especially when custom drafted (which they ideally should be). An agent should be responsible and trustworthy and understand your wishes. You can choose different agents for different powers of attorney. (A witness cannot be an agent).

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Validity Power Attorney With Two Agents