Wake North Carolina Affidavit of Attorney-in-Fact that Power of Attorney in Full Force with Witnesses

State:
Multi-State
County:
Wake
Control #:
US-P098B
Format:
Word; 
Rich Text
Instant download

Description

This affidavit is for an attorney-in-fact to certify that the power of attorney under which he or she is operating has not been revoked and remains in full force. Only for use in Florida, Michigan, Ohio, South Carolina or Vermont.

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FAQ

How Much Does a POA Cost? A durable power of attorney for finances or healthcare can be completed for little to no charge. Some states offer free fillable POA forms online or consumers can work with a local legal aid office to obtain a POA. There are also legal websites that sell POA templates for under $50.

If you're aged 18 or older and have the mental ability to make financial, property and medical decisions for yourself, you can arrange for someone else to make these decisions for you in the future. This legal authority is called "lasting power of attorney".

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.

The durable power of attorney does not need to be signed by any witnesses. It is not necessary to file the durable power of attorney unless the agent uses it with respect to a real property transaction.

A statutory or durable power of attorney gives an agent permission to access bank accounts, sell property and make other important decisions when the principal becomes incapacitated or unable to make decisions. It stays in effect until revoked or until the principal dies.

200bYou may file your power of attorney document with the Register of Deeds office. You will need to present the original notarized document in person or through the mail.

We often hear the question, does the power of attorney need to be notarized in Texas? The answer is yes; the document and any changes to it should be formally notarized. Once these steps are completed, power of attorney is validly granted.

You can write a POA in two forms: general or limited. A general power of attorney allows the agent to make a wide range of decisions. This is your best option if you want to maximize the person's freedom to handle your assets and manage your care.

You will need take it to a notary public in North Carolina to have your signature witnessed. Sign and date the document in the notary's presence. If your POA is a durable POA, it must be recorded with the state Register of Deeds, but your agent does not need to record the POA until you become incapacitated.

In Texas, all power of attorney forms need to be notarized.

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Wake North Carolina Affidavit of Attorney-in-Fact that Power of Attorney in Full Force with Witnesses