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The types of powers of attorney in North Carolina include financial powers of attorney and health care powers of attorney. A North Carolina durable power of attorney has the authority to make decisions and conduct financial on your behalf during periods of disability or incapacity.
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.
Execution of power of attorney. A power of attorney must be (i) signed by the principal or in the principal's conscious presence by another individual directed by the principal to sign the principal's name on the power of attorney and (ii) acknowledged.
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.
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.
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.