North Carolina Power of Attorney Forms

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General and Statutory Power of Attorney Forms

Living Will and Health Care Power of Attorney Forms

Child Care Power of Attorney

Limited or Special or Vehicle Power of Attorney

Other Power of Attorney Forms

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Power of Attorney for North Carolina

In Section 32C-1-101, etc. North Carolina adopted the Uniform Power of Attorney Act.

Agent and Principal: You appoint an Agent to act on your behalf. You are the Principal.

Durable: A Durable Power of Attorney continues to be in effect even if you become incapacited.

Incapacity Means a. An impairment in the ability to receive and evaluate information or make or communicate decisions. b. Is missing, detained, including incarcerated in a penal system, or outside the United States and unable to return.

Durable unless otherwise Provided: A power of attorney is durable unless the instrument expressly provides that it is terminated by the incapacity of the principal.

Execution: A power of attorney must be (i) signed by the principal and (ii) acknowledged (notzarized).

Validity (a) A power of attorney properly executed is valid. (b) A power of attorney executed in another State is valid if when signed: (1) The law of the jurisdiction that determines the meaning and effect of the power of attorney pursuant to G.S. 32C-1-107. (2) The requirements for a military power of attorney pursuant to 10 U.S.C. Sec. 1044b, as amended.

Copy: A photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original.

Controlling State Law: The meaning and effect of a power of attorney is determined by the law of the jurisdiction indicated in the power of attorney or, in the absence of an indication of jurisdiction, by the law of the jurisdiction in which the power of attorney was executed.

Nomination of Guardian: A principal may nominate a guardian of the principal's estate, or guardian of the principal's person, or general guardian for consideration by the clerk of superior court in protective proceedings for the principal's estate or person. The clerk will make its appointment in accordance with the principal's most recent nomination unless good cause is shown. The POA agent reports to the guardian or the fiduciary as well as to the principal. The power of attorney is not terminated unless the agents authority is terminated.

When power of attorney effective: It is effective when executed unless it specified to be effective at some future date or contingency, such as incapacity.

Termination: A power of attorney terminates when: (1) The principal dies. (2) When the principal becomes incapacitated if not durable.(3) The principal revokes the power of attorney.(4) The power of attorney provides that it terminates. (5) The purpose of the power of attorney is accomplished. (6) The principal revokes the agent's authority or the agent dies, becomes incapacitated, or resigns, and the power of attorney does not provide for another agent to act under the power of attorney. (7) A guardian of the principal's estate or general guardian terminates it.

An agent's authority terminates when: (1) The principal revokes the authority in writing. (2) The agent dies, becomes incapacitated, resigns, or is removed. (3) The court enters a decree of divorce between the principal and the agent, unless the power of attorney otherwise provides. (4) The power of attorney terminates. (5) A guardian of the principal's estate or general guardian terminates the authority.

Termination of an agent's authority or of a power of attorney is not effective as to the agent or another person that, without actual knowledge of the termination, acts in good faith under the power of attorney. An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal's successors in interest.

Incapacity of the principal of a power of attorney that is not durable does not revoke or terminate the power of attorney as to an agent or other person that, without actual knowledge of the incapacity, acts in good faith under the power of attorney. An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal's successors in interest.

Execution of Another POA: The execution of another power of attorney does not revoke a power of attorney previously executed unless the subsequent power of attorney provides otherwise.

Revocation: A principal may revoke a power of attorney. If it 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 principal is not incapacitated with proof of service on the agent in the manner prescribed for service under Rule 5 of the North Carolina Rules of Civil Procedure.

If the power of attorney has not been registered in an office of the register of deeds in this State, it may be revoked by one of the following methods: a. A subsequent written revocatory document executed and acknowledged while not incapacitated. b. Being burnt, torn, canceled, obliterated, or destroyed, with the intent and for the purpose of revoking it, by the principal or by another person in the principal's presence and at the principal's direction, while the principal is not incapacitated.

A guardian of the principal's estate or general guardian terminates a power of attorney that has been registered in an office of the register of deeds in this State by registering in that office an instrument of revocation executed and acknowledged by such guardian and with proof of service on the agent in the manner prescribed for service under Rule 5 of the North Carolina Rules of Civil Procedure.

Coagents and successor agents: a) A principal may designate two or more persons to act as coagents. You may require that they act jointly or that they can act separately. If you do not specify they can act separately.

Reimbursement and compensation of Agent You may provide for compensation of the agent or not. If you did not and become incapacitated, the agent is entitled to receive reasonable compensation as determined by the clerk of superior court.

Agent's acceptance: A person accepts appointment as an agent under a power of attorney by exercising authority or performing duties as an agent.

Agent's duties: The agent shall act in accordance with the principal's reasonable expectations, in the principal's best interest, in good faith and only within the scope of authority granted in the power of attorney.

The Agent shall also:

--Act loyally for the principal's benefit.
--Act so as not to create a conflict of interest that impairs the agent's ability to act impartially in the principal's best interest. --Act with the care, competence, and diligence ordinarily exercised by agents in similar circumstances.
--Keep a record of all receipts, disbursements, and transactions made on behalf of the principal.
--Cooperate with a person that has authority to make health care decisions for the principal to carry out the principal's reasonable expectations to the extent actually known by the agent and, otherwise, act in the principal's best interest.
--Attempt to preserve the principal's estate plan, to the extent actually known by the agent, if preserving the plan is consistent with the principal's best interest based on all relevant factors, including the following: a. The value and nature of the principal's property. b. The principal's foreseeable obligations and need for maintenance. c. Minimization of taxes, including income, estate, inheritance, generation- skipping transfer, and gift taxes. d. Eligibility for a benefit, a program, or assistance under a statute or regulation.

Exoneration of agent: A provision in a power of attorney relieving an agent of liability for breach of duty is binding on the principal and the principal's successors in interest except to the extent the provision relieves the agent of liability for breach of duty committed (i) in bad faith or (ii) with reckless indifference to the purposes of the power of attorney or the best interest of the principal.

Judicial relief: Clerk or Court proceedings may be brough:
(1) To compel an accounting by the agent, including the power to compel the production of evidence substantiating any expenditure made by the agent from the principal's assets.
(2) To terminate a power of attorney or to suspend or terminate the authority of an agent where a guardian of the estate or a general guardian has been appointed.
(3) To determine compensation for an agent under G.S. 32C-1-112(b).
(4) To determine an agent's authority and powers, to construe the terms of a power of attorney created or governed by this Chapter, and to determine any question arising in the performance by an agent of the agent's powers and authority under a power of attorney governed by this Chapter, including, but not limited to, the following proceedings: a. To determine whether and to what extent an agent holds a specific grant of authority under G.S. 32C-2-201. b. To approve an agent's ability to make a gift on behalf of the principal where the gift is governed by G.S. 32C-2-217 because the power of attorney grants the agent only general authority with respect to gifts. c. To authorize the agent to make a gift of the principal's property under G.S.32C-2-218. d. To authorize the agent to do an act described in G.S. 32C-2-201(a), other than the act to make a gift, under G.S. 32C-2-219. e. To determine whether and to what extent acceptance of a power of attorney shall be mandated under G.S. 32C-1-120(f).

Actions may also be brought:
(1) To modify or amend a power of attorney instrument.
(2) By or against creditors or debtors of an agent or principal.
(3) Involving claims for monetary damages, including claims for breach of fiduciary duty, fraud, and negligence.
(4) To set aside a power of attorney based on undue influence or lack of capacity.
(5) For the recovery of property transferred or conveyed by an agent on behalf of a principal with intent to hinder, delay, or defraud the principal's creditors.

  • The creation of a health care power of attorney is also possible. In a medical power of attorney form, the agent is granted authority to make medical decisions regarding the provision, withholding, or withdrawal of life-sustaining treatment and artificially provided nutrition and hydration for the principal. However, the agent must be specifically authorized to do so in a durable power of attorney that complies with the requirements of the North Carolina Natural Death Act. Section 26-1A-404

General Power of Attorney

Q: What is a General Power of Attorney

A General Power of Attorney is a legal document which gives the person you choose (the agent) the power to manage your assets and financial affairs while you are alive. The document must be signed by you (the principal) while you have the required legal capacity to give your agent clear and concise instructions. The appointment may be for a fixed period and can be revoked by you at any time providing you still have the legal capacity to do so. A power of attorney ceases when you die. The executor named in your will then takes over the responsibilities of your estate.

Living Will and Health Care Power of Attorney

Q: What is a Living Will and Health Care Power of Attorney?

A: A Health Care Power of Attorney is a legal document that allows an individual to designate another person to make medical decisions for him or her when he or she cannot make decisions for himself or herself. In other words it names someone who stands in your shoes and tells the doctors what to do or what not do for you.

A Living Will is a document that allows a person to explain in writing which medical treatment he or she does or does not want during a terminal illness. A terminal illness is a fatal illness that leads ultimately to death. A Living Will takes effect only when the patient is incapacitated and can no longer express his or her wishes. The will states which medical treatments may be used and which may not be used to die naturally and without the patientís life being artificially prolonged by various medical procedures. Although the term Living Will may indicate that it is a Will, in reality, it is more similar to a Power of Attorney than a Will.

Limited or Special Power of Attorney?

Q: What is a limited or special power of attorney?

A: A Limited power of attorney is one which is limited to a specific act or particular purpose. It is also referred to as special power of attorney. A limited power of attorney allows the Principal to give only specific powers to the agent.

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