The North Carolina Durable (Financial) Power of Attorney organizes a drafted legal understanding to permit an appointed agent to make decisions on behalf of another concerning the declaring party’s financial or other associated matters. Issuing a durable POA extends the period of agency beyond a general arrangement, allowing the agreement to remain active if the granting principal becomes incapacitated. The form can be used to authorize the attorney-in-fact bestowed rights to execute documents, take action, or communicate for the declarant regarding their property/account holdings, insurance policies, legal proceedings, or tax matters. Proper notarization of the paperwork will be needed to verify the capacity of all participants at the time of signing.
Laws
Definitions – “Durable”- With respect to a power of attorney, the incapacity of the principal does not terminate the power of attorney (§ 32C-1-102(2)).
Signing Requirements – Notary supervision and endorsement are required to approve the transaction (§ 32C-1-105).
Revocation – § 32C-1-110
Other Versions
North Carolina Statutory Version
Download: Adobe PDF
OpenDocs Version
Download: Adobe PDF, MS Word (.docx)
Additional Resources
- Breeden Law Office – Durable Power of Attorney in NC
- Kirk, Kirk, Howell, Cutler & Thomas – Power of Attorney
- Teddy, Meekins, & Talbert – Power of Attorney Rights and Limitations in NC
Related Forms
Advance Directive (Medical POA & Living Will)
Download: Adobe PDF
General (Financial) Power of Attorney
Download: Adobe PDF, MS Word (.docx)