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NORTH CAROLINA LEGAL INFORMATION
Power of Attorney Statutes
- Statutory Form for Power of Attorney: North Carolina Code, Section 32A-1.
- Notary: The signature of the principal must be acknowledged by a notary. Once the principal becomes incapacitated, the POA must be recorded with the country recorder of deeds for county in which the principal resides to remain effective.
- Witnesses: There is no requirement of a witness to the signature of principal in addition to the notary.
- Signature of Agent: No requirement that the agent sign the POA; however, the standard MedLawPlus.comŽ POA form does have a signature block for the agent. It is a recommended practice to have the agent (also called "attorney-in-fact") sign the POA.
- Registration of POA. In North Carolina, a POA must be registered with the office of the register of deeds for the county of residence of the principle in order to make the POA "durable". NC Statute Section 32A-9. A "Durable" POA is one that is valid after the principle becomes either physically incapacitated or mentally incompetent.
- North Carolina Statutes dealing with Powers of Attorney.
- In North Carolina, can an attorney-in-fact make gifts of the principal's assets to himself?
Selected North Carolina Statutes
- § 32A-9. Registered durable power of attorney not affected by incapacity or mental incompetence.
(a) All acts done by an attorney-in-fact pursuant to a durable power of attorney during any period of incapacity or mental incompetence of the principal have the same effect and inure to the benefit of and bind the principal and his successors in interest as if the principal were not incapacitated or mentally incompetent if the power of attorney has been registered under the provisions of subsection (b).
(b) No power of attorney executed pursuant to the provisions of this Article shall be valid subsequent to the principal's incapacity or mental incompetence unless it is registered in the office of the register of deeds of that county in this State designated in the power of attorney, or if no place of registration is designated, in the office of the register of deeds of the county in which the principal has his legal residence at the time of such registration or, if the principal has no legal residence in this State at the time of registration or the attorney-in-fact is uncertain as to the principal's residence in this State, in some county in the State in which the principal owns property or the county in which one or more of the attorneys-in-fact reside. A power of attorney executed pursuant to the provision of this Article shall be valid even though the time of such registration is subsequent to the incapacity or mental incompetence of the principal.
(c) Any person dealing in good faith with an attorney-in-fact acting under a power of attorney executed under this Article shall be protected to the full extent of the powers conferred upon such attorney-in-fact, and no person so dealing with such attorney-in-fact shall be responsible for the misapplication of any money or other property paid or transferred to such attorney-in- fact.
Library of Informational Legal Articles
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