North Carolina Sample Letter regarding Durable Power of Attorney
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How to fill out Sample Letter Regarding Durable Power Of Attorney?
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FAQ
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. This power of attorney authorizes another person (your agent) to make decisions concerning your property for you (the principal).
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.
North Carolina durable power of attorney laws require that the appointed individual be at least 18 years old, have the capacity to understand this responsibility, and that the document be signed in the presense of two witnesses acknowledged by a notary.
You must be at least 18 years of age, mentally competent, and have capacity when the durable power of attorney is signed. North Carolina law states that a durable power of attorney must be registered at your local county office of the register of deeds to be effective after your incapacity.
While North Carolina does not technically require you to get your POA notarized, notarization is strongly recommended. Under North Carolina law, when you sign your POA in the presence of a notary public, you signature is presumed to be genuine?meaning your POA is more ironclad.
Written document: The power of attorney must be in writing to be valid in North Carolina. Signature and notarization: The power of attorney document must be signed by the principal and the attorney-in-fact. Though not required by law, signing in the presence of a notary public can add legal strength to the document.
A financial POA must be signed by the principal, and the signature must be acknowledged before a notary public or another person authorized by law to take acknowledgments.
The POA cannot transfer the responsibility to another Agent at any time. The POA cannot make any legal or financial decisions after the death of the Principal, at which point the Executor of the Estate would take over. The POA cannot distribute inheritances or transfer assets after the death of the Principal.
