A North Carolina Power of Attorney form is an agreement that grants an agent the legal authority to act on behalf of the principal in various situations.
A power of attorney NC comes into play in situations where the principal is physically disabled, mentally incapacitated, or otherwise not able to make decisions for themselves, as well as in the event the principal is not readily available to sign off on financial or legal transactions. The agent can make decisions regarding financial matters, health care, or property and asset management on behalf of the principal holder.
State laws govern the power of attorney in North Carolina. Still, it may vary depending on the circumstances surrounding its use (e.g., whether or not it is a non-durable or Durable power of attorney). The form becomes effective upon being signed by all the necessary parties and its execution by the principal. However, the principal may choose to make the POA a non-durable power of attorney by specifying in the form that it will expire upon their incapacitation.
Types of Power of Attorney
There are several variations of power of attorney in North Carolina. The power of attorney that a party chooses to execute will depend on their unique circumstances and preference.
The different types of North Carolina POA include:
Durable (Statutory) Power of Attorney
This is the most common form of POA in North Carolina It is durable, meaning that it remains valid even when the principal becomes incapacitated, and it grants the agent broad powers over assets and property ownership. This type of POA is commonly used for long-term care planning and dealing with medical and financial issues that are expected to arise during a person’s life.
The applicable signing requirements are outlined in § 32C-1-105, and a statutory form of the North Carolina durable POA be obtained from § 32C-3-301. It is essential to note that North Carolina provides two versions of the durable power of attorney: the Standard Version and the State Legislature Version.
Download: Microsoft Word (.docx)
General (Financial) Power of Attorney
The general (financial) power of attorney NC allows a principal holder to give an agent or attorney-in-fact the authority to operate business on their behalf and make financial decisions concerning assets such as accounts, loans, stocks, bonds, and real estate. This type of POA is preferable for general matters that typically require financial advising or management. Unless stated otherwise in the form, it will automatically become void if the principal becomes incapacitated.
To validly authorize a financial power of attorney in North Carolina, the principal should adhere to the state-specific signing requirements available at NCGSA § 32C-1-105 and the relevant North Carolina POA governing laws outlined in North Carolina Uniform Power of Attorney Act (§§ 32C-1-101 — 32C-4-403. The agent’s authorities under the general power of attorney NC are outlined in N.C.G.S.A. § 32C-2-201.
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Limited Power of Attorney
An NC limited power of attorney form allows for specific tasks executed by a trusted agent on the principal’s behalf. The limited POA is usually terminated once the specified tasks have been completed or terminated upon a specific date. For example, the agent can make medical care decisions on behalf of the principal, handle the principal’s financial matters, and manage their property as stated in the LPOA form.
The NC LPOA form should be created and completed following the state-specific POA governing laws established in the North Carolina Uniform Power of Attorney Act (§§ 32C-1-101 — 32C-4-403). The laws governing the execution of a power of attorney in North Carolina can be obtained from § 32C-1-105. Similarly, the agent’s authority under the North Carolina limited power of attorney is as provided in N.C.G.S.A. § 32C-2-201.
Download: Microsoft Word (.docx)
Medical Power of Attorney
A Medical Power of Attorney from North Carolina is a type of POA that allows the principal to appoint an agent to make healthcare decisions on their behalf if they are incapacitated. This form does not allow the agent to manage any other aspects of the principal’s daily life. It becomes effective only when the principal can no longer make healthcare decisions for themselves.
The medical power of attorney North Carolina must be executed following the NC medical power of attorney governing laws as dictated in § 32A-25.1 (Statutory Form Health Care Power of Attorney). The applicable signing requirements are established in § 32A-16(3).
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Minor (child) Power of Attorney
A North Carolina Minor power of attorney allows the principal (i.e., the legal guardian/parent of the minor) to grant a trusted agent various rights and privileges regarding their child or dependents. The form is typically used in events where the principal anticipates being away or generally unavailable to make decisions on their minor’s behalf and wishes to appoint a guardian or agent that they feel will support the best interests of their child or dependents in their absence. For example, the agent can decide on the minor’s education, well-being, health care, and risk avoidance. The laws governing the creation and execution of a minor power of attorney form in North Carolina are provided in § 32A-28 to § 32A-34
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Real Estate Power of Attorney
This type of POA Grants the agent the powers to manage the principal’s real estate, including their transactions, such as leasing, paying taxes, obtaining insurance, etc. A real estate power of attorney can also transfer ownership of the real estate from one person to another if the principal becomes incapacitated. According to the North Carolina State statutes, this type of POA gives broad powers to the trusted agent for a temporary period specified by the principal in the POA Form. However, if the principal does not determine the validity period of the real estate power of attorney, the form automatically expires within one year of the form’s effective date.
A North Carolina principal holder should create their real estate power of attorney following the POA state statutes outlined in the North Carolina Uniform Power of Attorney Act (§§ 32C-1-101 — 32C-4-403). A POA for real estate transactions in North Carolina must be signed following the stipulated NC signing requirements available at N.C.G.S.A. §§ 32C-3-303, 32C-1-105 which states that the principal or their representative can sign the form in the presence of a notary public.
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Revocation of Power of Attorney
The principal or the agent can revoke a power of attorney form in North Carolina. Suppose either party wants to cancel the POA form. In that case, they must execute a new POA form known as the revocation of power of attorney with all the necessary parties present and ensure that the document is duly signed and dated. It is also vital to ensure that copies of the executed document are issued to the agent, backup agent, and any entities/institutions using the POA form. This is because a person without notice of the power of attorney cancellation is not legally liable for continuing to use the POA.
The laws governing the creation and execution of revocation of power of attorney in North Carolina are outlined in § 32A-20.
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Tax Power of Attorney (Form GEN-58)
The tax power of attorney in NC allows a principal to appoint an agent to deal with their taxes, property tax, and real estate tax matters. The agent must be aware of the local, state, and federal tax laws and have full access to all the necessary financial information to make sound business decisions regarding the principal’s taxation matters. While executing this form, the principal is usually required to provide the identities of those involved, document what decisions and actions the agent will perform/make, specify the validity duration of the tax POA form, among other essential information. After providing all the required critical information, each party named in the form must be available to provide a valid signature to execute it before it is submitted to the relevant tax authority.
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Vehicle Power of Attorney (Form MVR-63)
The NC form MVR-63 commonly referred to as the vehicle power of attorney, is a type of POA that allows limited agent power to prepare a vehicle title, register the vehicle with the North Carolina Division of Motor vehicles, or handle matters related to the vehicle on the principal’s behalf. This type of POA can be combined with other POAs to provide added powers for handling any vehicle-related transaction or issue. For this type of POA to be valid, the principal must document the identities of both the involved parties, identify the vehicle, and ensure that the form is duly signed, dated, and executed with a notarized principal signature.
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Advance Directive Power of Attorney
The NC Advance Directive Power of Attorney allows an agent to have complete control over the principal’s health care wishes and instructions if they cannot make these decisions for themselves due to an illness or incapacitation. The advance directive power of attorney consists of both the medical power of attorney and the living will. By executing this form, the agent is granted the authority to make medical decisions, including treatment and long-term care needs, and specify the situations in which the principal would wish to receive life-prolonging treatments.
North Carolina has established specific laws governing the creation and execution of an advance directive POA. These requirements are outlined in Chapter 32A, Article 3 (Health Care Powers of Attorney) & Chapter 90, Article 23 (Right to Natural Death; Brain Death). The form has to be signed following the state’s signing laws available at § 32A-16(3) & § 90-321(c)(3) & (4), which requires the form to be signed before a notary public and in the presence of at least two witnesses. The state also provides a statutory form of the advance directive power of attorney, which can be obtained from § 90-321(d1) and  § 32A-25.1. The agent’s duties and responsibilities under the North Carolina Advance directive power of attorney are as outlined in § 32A-19.
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Living Will Power of Attorney
The Living Will is located in North Carolina General Statutes § 90-14.2, which states that a person has the right to appoint an agent, to make medical decisions regarding life-sustaining treatment if they are incapacitated and are in a condition where they are unable to communicate their wishes. A North Carolina living will power of attorney must be signed before an authorized notary public, and two witnesses must be available to witness the signing of the form. The laws governing the execution of a living will POA in North Carolina are established in § 90-321(c)(3) & (4), and the applicable living will POA governing laws are provided in Chapter 90, Article 23 (Right to Natural Death; Brain Death). North Carolina residents wishing to create and execute a living power of attorney can obtain a statutory form of the POA from § 90-321(d1).
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Springing Power of Attorney
A springing power of attorney is a particular type of POA that only becomes effective based on a specific, predetermined event. In North Carolina, the springing power of attorney becomes active if the principal becomes incapacitated and cannot act for themselves. The decision to designate the event will fall under the principal’s discretion. Its execution does not require written consent from designated agents as they are already notified and aware that the principal has granted them power before this specific situation arises.
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North Carolina POA Requirements
While North Carolina does not have formal requirements for who may prepare or sign a power of attorney form, some pre-requisites may need to be met before anyone can attempt to obtain and execute a power of attorney validly. First, the principal must be physically and mentally capable of making decisions and exercising control over their affairs. Secondly, the principal must be able to provide written authorization for a power of attorney, and the agent must qualify as a competent attorney-in-fact to act on the principal’s behalf.
Finally, to execute an NC POA form, the following additional requirements must also be met:
- The POA form must be duly signed by the principal, or another individual, in the principal’s conscious presence.
- The principal must acknowledge their signature before a notary public, or another individual authorized by law to take acknowledgments.
- The POA form must be executed in the presence of two disinterested witnesses who must also sign the completed POA document.
- The POA form should also be signed by the agent, below their own sworn testimony of their identity, position, and authority to make empowered decisions on behalf of the principal.
- The North Carolina power of attorney form must contain essential information such as the identities and contact information of the principal and the agent. The principal must also specify the type of powers granted to the agent, when the agent’s powers will go into effect, as well as an expiration date (if they wish to give their agent non-durable power of attorney).
- Given that the principal wishes to appoint multiple co-agents to act on their behalf, they should specify in the form whether they will act together in making these decisions or if they will have separate powers.
- Finally, the agent should be a legal adult or financial institution with trust powers, a registered business place within the state of North Carolina that has the authority to carry out trust business. The agent should also be someone that the principal fully trusts to act in their best interests.
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How to get a North Carolina Power of Attorney?
Individuals residing in North Carolina that wish to obtain a power of attorney may do so by first identifying and selecting someone they trust to handle their affairs if and when they cannot do so themselves. Afterward, the person granting these powers must decide what decisions or actions the agent will perform on their behalf and in what circumstances. The third step of getting a power of attorney involves executing the actual document.
The POA form must be prepared and completed following the stipulated North Carolina POA requirements and statutes to be valid. Powers of attorney related to property management and financial affairs in North Carolina are regulated by the North Carolina Uniform Power of Attorney Act. On the other hand, NC POAs of medical care decisions are regulated by the North Carolina General Statutes Chapter 32A, Article 3.
Frequently Asked Questions
A power of attorney may prove helpful in a variety of circumstances. For example, an individual in the military might execute a POA before being deployed overseas to ensure that someone is available to act on their behalf if they become incapacitated. Individuals who travel a lot may create a POA and name a trusted agent who can handle their personal affairs and business transactions if they are unavailable to act independently. Older people and individuals suffering from severe or long-term health conditions may also execute a power of attorney to make sure that someone else is available to make health care and financial decisions on their behalf if they cannot make these decisions for themselves due to physical or mental incapacity.
Any person that the principal knows, and trusts can serve as their agent, but it is often recommended that a housekeeper, family member, or friend be appointed agent to act on their behalf. It is even possible for multiple persons to be named co-agents and work together to make decisions on behalf of the principal. First, however, the principal must select a trusted individual(s) who will always act in their best interests.
A POA is legally binding under North Carolina Law until the agent executes a statement of resignation or revoked by the principal. Therefore, if someone other than the agent knows that a power of attorney has been granted and still wishes to exert control over the principal’s affairs, they must first convince the principal to revoke their POA. The only other way for an outsider to take control from an agent appointed under a POA form is to obtain court authorization.
