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North Carolina Revocation of Statutory General Power of Attorney

Medical Power Of Attorney Form For North Carolina

Category:

Power of Attorney - Revocations

State:

North Carolina

Control #:

NC-P010B

Format:

Instant download

Definition and meaning

A Medical Power of Attorney Form for North Carolina is a legal document that allows a person, known as the principal, to designate another individual, called the agent, to make healthcare decisions on their behalf if they become unable to make those decisions themselves. This form is essential in ensuring that the principal's healthcare preferences are respected and followed during periods of incapacitation.

How to complete a form

To complete the Medical Power of Attorney Form for North Carolina, follow these steps:

Obtain the official form from a reliable source.
Fill in your personal information, including name and address.
Designate your chosen agent by providing their name and contact information.
Clearly outline the powers you are granting your agent regarding medical decisions.
Sign the form in the presence of two witnesses and a notary public.

Once completed, keep a copy in a safe place and provide copies to your agent and healthcare providers.

Legal use and context

The Medical Power of Attorney Form is recognized under North Carolina law and provides legal authority to the designated agent to make healthcare decisions. These decisions may include choices about treatment options, surgeries, long-term care, and end-of-life care, based on the preferences outlined in the form. Understanding the legal context and implications of this document is crucial for both the principal and the agent.

State-specific requirements

In North Carolina, specific requirements must be met for the Medical Power of Attorney Form to be valid:

The principal must be at least 18 years old and mentally competent.
The form must be signed by the principal in the presence of two witnesses.
An official notary must witness the signing of the form.
Witnesses cannot be the designated agent or related to them by blood or marriage.

Failure to meet these requirements may lead to the document being considered invalid.

Benefits of using this form online

Utilizing an online platform to complete the Medical Power of Attorney Form offers several advantages:

Access to easy-to-follow templates created by legal professionals.
Convenience of filling out the form at your own pace.
Immediate availability of your completed document.
Guidance on state-specific legal requirements to ensure compliance.

These benefits streamline the process, making it less daunting and more accessible for users.

What to expect during notarization or witnessing

During the notarization and witnessing process, you can expect the following:

The notary will verify your identity and confirm that you are signing the document voluntarily.
Witnesses will sign the document in your presence, affirming they witnessed you signing it.
The notary will place their official seal on the document, acknowledging its authenticity.

This process ensures that your Medical Power of Attorney Form has the necessary legal standing in North Carolina.

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How to fill out North Carolina Revocation Of Statutory General Power Of Attorney?

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Form popularity

FAQ

If a person wants to authorise someone to act as a power of attorney on his behalf, it must be signed and notarised by a certified notary advocate, who is able to declare that you are competent at the time of signing the document to issue the said power of attorney.

A Health Care Power of Attorney must be signed in the presence of two witnesses and must be notarized.

A North Carolina medical power of attorney is a statutory form that allows a principal to appoint another person to make medical decisions on their behalf. This power only becomes available when the principal is no longer able to make health care decisions for themselves (i.e. incapacitated).

One must mention the following details on the Power of Attorney format PDF:The name of the principal.The name of the agent.Signature.Details and legal authorities provided to the agent.Other details depending on the Power of Attorney format for authorized signatories.20-Apr-2020

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Revocation of Statutory General Power of Attorney

Power of Attorney and Health Care - General - North Carolina

(a)The provisions relating to the Statutory Short Form of General Power of Attorney are not exclusive and do not bar the use of any other or different form of power of attorney. Every power of attorney executed pursuant to the provisions of this Article and registered in an office of the register of deeds in this State shall be revoked by:

(1) The death of the principal; or
(2) Registration in the office of the register of deeds where the power of attorney has been registered of an instrument of revocation executed and acknowledged by the principal while he is not incapacitated or mentally incompetent, or by the registration in such office of an instrument of revocation executed by any person or corporation who is given such power of revocation in the power of attorney, or by this Article, with proof of service thereof in either case on the attorney-in-fact in the manner prescribed for service of summons in civil actions.
(b) Every power of attorney executed pursuant to the provisions of this Article which has not been registered in an office of the register of deeds in this State shall be revoked by:
(1)The death of the principal;
(2) Any method provided in the power of attorney;
(3) Being burnt, torn, canceled, obliterated, or destroyed, with the intent and for the purpose of revoking it, by the principal himself or by another person in his presence and by his direction, while the principal is not incapacitated or mentally incompetent;
(4) A subsequent written revocatory document executed and acknowledged in the manner provided herein for the execution of durable powers of attorney by the principal while not incapacitated or mentally incompetent and delivered to the attorney-in-fact in person or to his last known address by certified or registered mail, return receipt requested.
(c) As to acts undertaken in good faith reliance upon an affidavit executed by the attorney-in-fact stating that he did not have, at the time of exercise of the power, actual knowledge of the termination of the power by revocation pursuant to the provisions or by the principal's death, such affidavit is conclusive proof of the nonrevocation or nontermination of the power at that time. This section does not affect any provision in a power of attorney for its termination by the expiration of time or occurrence of an event other than an express revocation.

DURABLE POWER OF ATTORNEY

(32C-1-101through 32C-1-123)

Definition

A durable power of attorney is a power of attorney by which a principal designates another his attorney-in-fact in writing and the writing contains a statement that it is executed pursuant to the provisions of this Article or the words This power of attorney shall not be affected by my subsequent incapacity or mental incompetence, or This power of attorney shall become effective after I become incapacitated or mentally incompetent, or similar words showing the intent of the principal that the authority conferred shall be exercisable notwithstanding the principal's subsequent incapacity or mental incompetence.

Incapacity of Principal

All acts done by an attorney-in-fact pursuant to a durable power of attorney during any period of incapacity or mental incompetence of the principal have the same effect and inure to the benefit of and bind the principal and his successors in interest as if the principal were not incapacitated or mentally incompetent if the power of attorney has been registered.

No power of attorney shall be valid subsequent to the principal's incapacity or mental incompetence unless it is registered in the office of the register of deeds of that county in this State designated in the power of attorney, or if no place of registration is designated, in the office of the register of deeds of the county in which the principal has his legal residence at the time of such registration or, if the principal has no legal residence in this State at the time of registration or the attorney-in-fact is uncertain as to the principal's residence in this State, in some county in the State in which the principal owns property or the county in which one or more of the attorneys-in-fact reside.

Court Appointed Fiduciary

If a court of the principal's domicile appoints a conservator, guardian of the principal's person or estate, or other fiduciary charged with the management of all of the principal's property or all of his property except specified exclusions, the attorney-in-fact is accountable to the fiduciary as well as to the principal. The fiduciary has the same power to revoke or amend the power of attorney that the principal would have had if he were not incapacitated or mentally incompetent.

A principal may nominate, by a durable power of attorney, the conservator, guardian of his estate, or guardian of his person for consideration by the court if protective proceedings for the principal's person or estate are thereafter commenced. The court shall make its appointment in accordance with the principal's most recent nomination in a durable power of attorney except for good cause or disqualification.

Revocation

A power of attorney executed and registered in an office of the register of deeds in this State may be revoked by: The death of the principal; or Registration in the office of the register of deeds where the power of attorney has been registered of an instrument of revocation executed and acknowledged by the principal while he is not incapacitated or mentally incompetent; or By the registration in the office of the register of deeds of an instrument of revocation executed by any person or corporation who is given such power of revocation in the power of attorney with proof of service thereof in either case on the attorney-in-fact in the manner prescribed for service of summons in civil actions.A power of attorney which has not been registered in an office of the register of deeds in this State may be revoked by: The death of the principal; Any method provided in the power of attorney;

Being burnt, torn, canceled, obliterated, or destroyed, with the intent and for the purpose of revoking it, by the principal himself or by another person in his presence and by his direction, while the principal is not incapacitated or mentally incompetent; or

A subsequent written revocatory document executed and acknowledged in the manner provided herein for the execution of durable powers of attorney by the principal while not incapacitated or mentally incompetent and delivered to the attorney-in-fact in person or to his last known address by certified or registered mail, return receipt requested.

Acts undertaken in good faith reliance upon an affidavit executed by the attorney-in-fact stating that he did not have, at the time of exercise of the power, actual knowledge of the termination of the power by revocation or by the principal's death, such affidavit is conclusive proof of the non-revocation or non-termination of the power at that time.

The statutory provisions do not affect any provision in a power of attorney for its termination by the expiration of time or occurrence of an event other than an express revocation.

Revocation of Statutory General Power of Attorney

Power of Attorney and Health Care - General - North Carolina

DURABLE POWER OF ATTORNEY

(32C-1-101through 32C-1-123)

Definition

Incapacity of Principal

Court Appointed Fiduciary

Revocation

The statutory provisions do not affect any provision in a power of attorney for its termination by the expiration of time or occurrence of an event other than an express revocation.

Medical Power Of Attorney Form For North Carolina

Definition and meaning

How to complete a form

Legal use and context

State-specific requirements

Benefits of using this form online

What to expect during notarization or witnessing

Viewed forms

How to fill out North Carolina Revocation Of Statutory General Power Of Attorney?

Form popularity

FAQ

Does power of attorney need to be notarized?

Does a healthcare power of attorney need to be notarized in NC?

What is a medical power of attorney NC?

What do I fill in with power of attorney?

How do I fill out a power of attorney?

Explore more forms

Trusted and secure by over 3 million people of the world’s leading companies

Medical Power Of Attorney Form For North Carolina

Definition and meaning

How to complete a form

Legal use and context

State-specific requirements

Benefits of using this form online

What to expect during notarization or witnessing

Viewed forms

How to fill out North Carolina Revocation Of Statutory General Power Of Attorney?

Form popularity

FAQ

Does power of attorney need to be notarized?

Does a healthcare power of attorney need to be notarized in NC?

What is a medical power of attorney NC?

What do I fill in with power of attorney?

How do I fill out a power of attorney?

Medical Power Of Attorney Form For North Carolina Related Searches

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