North Carolina Notice to Fire or Terminating Authority of Attorney

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State:
Multi-State
Control #:
US-01163BG
Format:
Word; 
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Description

A client generally has the right to terminate the relationship with the client's attorney, at any time with or without cause. An attorney is entitled to notice of the discharge. Although such notice need not be formal, it is preferable that the notice be in writing and signed by the client.


On the other hand, an attorney is not at liberty to terminate the relationship or to abandon a case without reasonable cause. If such cause does exist, the attorney may terminate only on giving reasonable notice to the client and usually after obtaining an order from the court in which the attorney is representing the client (if a court action is involved).

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FAQ

When a power of attorney is used to transfer land or to do business on behalf of a person who has become incapacitated, it must be recorded. As a general rule, however, a power of attorney does not need to be recorded in North Carolina in order to be effective.

First and foremost, the principal can override a POA at any time as long as they are of sound mind. The term ?sound mind? refers to the state of mind and memory a person has at the time in question. So, as principal, you could override a POA if you have sufficient mental capacity to understand what you are doing.

As long as you are of sound mind, you can remove or change your agent verbally. However, it is best to fill out a form for formal revocation of power of attorney. The only time you may not revoke your POA would be if a court of law determines you are incompetent at the time of your revocation decision.

A standing power of attorney takes effect as soon as it is signed, but a springing power of attorney is designed to take effect only when a specific event occurs, such as the incapacitation of the principal. A power of attorney only authorizes the attorney-in-fact to act during the principal's lifetime.

If you do decide to fire your lawyer, you should do so in writing. Your letter should set forth and document any conduct or reasons supporting your decision. It should also give instruction as to where he or she needs to send your file.

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North Carolina Notice to Fire or Terminating Authority of Attorney