The North Carolina Power of Attorney commissions the valid distribution of an individual’s implicit rights concerning a specific area (or areas) for a designated time period. The extension of controls from the principal party to the attorney-in-fact can be fine-tuned to grant authorization to perform tasks, make decisions, sign, or speak on behalf of the declarant. Specialized agreements are provided to assign agency for another regarding one’s medical treatment (advanced directive), financial holdings, property, childcare, taxes, insurance policies, and/or legal proceedings. Certification of the arrangement can be verified with the accompaniment of a notary’s signature, although some forms may require additional witnesses to substantiate the act legally.
Laws
Statutes – North Carolina General Statutes – Chapter 32C – Uniform Power of Attorney Act (§ 32C-1-101 – 32C-4-403) and North Carolina General Statutes – Article 3 – Health Care Powers of Attorney (§ 32A-15 – 32A-27)
Definition – “Power of Attorney”- A writing or other record that grants authority to an agent to act in the place of the principal, whether or not the term power of attorney is used (§ 32C-1-102(9)).
Signing Requirements – Notarization requirements may vary with each corresponding POA document. Most financial POAs will need conventional notarization to instate the arrangement, while enactment of the advance directive will demand the corroboration of two (2) subscribing witnesses and a notary public. Review the endorsement obligations for the POAs listed below for details (§ 32C-1-105).
Revocation – § 32C-1-110
By Type (11)
- Advance Directive (Medical POA & Living Will)
- Durable (Financial) Power of Attorney
- General (Financial) Power of Attorney
- Limited (Special) Power of Attorney
- Living Will
- Medical Power of Attorney
- Minor Child Power of Attorney
- Motor Vehicle Power of Attorney
- Real Estate Power of Attorney
- Revocation of Power of Attorney
- Tax Power of Attorney
Advance Directive (Medical POA & Living Will) – Develops a concrete record to indicate selections for possible medical treatment options and agent nomination for health care. The form is completed to prepare for scenarios where sustained unconsciousness occurs and patient communication is impossible.
Download: PDF
Signing Requirements: Acknowledgement to certify will need the accompaniment of signatures from two (2) verified witnesses, along with approval and endorsement from a licensed notary.
Durable (Financial) Power of Attorney – A formal commitment designating granted rights to a declared agent that continues to be valid even in the event the principal becomes incapacitated.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgment by a notary professional is needed to enforce the contract.
General (Financial) Power of Attorney – Configures a document to pass along an owning individual’s permissions to another temporarily for the purposes of handling transactions on their behalf.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgement from a notary official is necessitated to authenticate all provided endorsements properly.
Limited (Special) Power of Attorney – Gives specified powers to an attorney-in-fact as denoted in the form’s language.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgement via formal notarization is obligated to reinforce the terms and conditions of the contract.
Living Will – Demonstrates a compiled outline of desired medical action to take in the event certain proposed situations occur.
Download: PDF
Signing Requirements: Acknowledgment by notarization will be required in conjunction with expressed approval by two (2) witnessing parties.
Medical Power of Attorney – Renders an official designation to appoint an agent to make health care decisions for another if necessary.
Download: PDF
Signing Requirements: Acknowledgment by notary and two (2) acceptable witnesses must be received to certify the commitment.
Minor Child Power of Attorney – Predicates authorization for a non-parental adult to assume parental rights for an assigned interim period.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgement by way of public notary approval is a prerequisite for enforcement of the contract.
Motor Vehicle Power of Attorney – A document used to accredit an individual with privileges to manage vehicle transactions in the absence of the owner.
Download: PDF
Signing Requirements: Acknowledgement from a notary will be required to issue the cataloged controls.
Real Estate Power of Attorney – Conveys agency regarding a piece of real estate from a property owner to a designated agent.
Download: PDF, Word (.docx)
Signing Requirements: State acknowledgment requirements mandate notary assistance and endorsement to complete the form according to the NC General Statutes (§ 32C-1-105).
Revocation of Power of Attorney – Aids in revoking controls presented in a previously established POA.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgement by a notary is demanded to uphold the cancellation of the original document.
Tax Power of Attorney (Form GEN-58) – State filing to document delegation of a professional to handle one’s tax issues.
Download: PDF
Signing Requirements: Acknowledgement via signatures from all associated taxpayers and agents must be affixed to enact official representation rights.