North Carolina Notice of Revocation of Power of Attorney for an Unrecorded Power of Attorney

State:
Multi-State
Control #:
US-OG-356
Format:
Word; 
Rich Text
Instant download

Description

This form is used by a Principal to declare that all power and authority granted under a Power of Attorney, which was not recorded, to a specified individual as Agent and Attorney-in-Fact for Principal is revoked, terminated, and withdrawn as of the Effective Date stated on the form.

How to fill out Notice Of Revocation Of Power Of Attorney For An Unrecorded Power Of Attorney?

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FAQ

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.

Guardianship does not terminate a parent's rights, so sometimes a permanent guardianship that allows visitation with a parent is in a child's best interests. If the circumstances that made the guardianship necessary may change, a temporary guardianship may be more appropriate.

Incompetent adults have the right to vote and the right to marry. Under some circumstances, an incompetent adult may be able to make a will. Powers of attorney executed after a person is adjudicated incompetent and while under a guardianship are not valid.

Therefore, if a power of attorney or guardianship does not exist, in the event your unmarried child is incapacitated, you should be able to consent to their medical treatment in North Carolina. If you are married, you should be able to consent to your spouse's treatment if they become incapacitated.

(g) A principal may revoke a power of attorney in one of the following manners: (1) If the power of attorney has been registered in an office of the register of deeds in this State, it shall be revoked by registration in that office by an instrument of revocation executed and acknowledged by the principal while the ...

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North Carolina Notice of Revocation of Power of Attorney for an Unrecorded Power of Attorney