A North Carolina durable power of attorney is a document that grants someone (the “agent”) the legal authority to act and make decisions for another person (the “principal”) in the event they lose the capacity to make decisions for themself.
Unlike a regular (non-durable) power of attorney (POA), a durable power of attorney (DPOA) stays in effect even if the principal becomes incapacitated and legally can’t make their own decisions.
The durable power of attorney form found on this page is used for financial, business and personal matters. To grant durable power over medical decisions, you need a North Carolina medical power of attorney.
Learn more about how DPOAs are created and used, and download a legally-binding NC durable power of attorney form in fillable PDF and Word formats.
North Carolina Durable Power of Attorney Requirements
North Carolina power of attorney forms are durable by default.
Relevant Laws: North Carolina General Statutes Chapter 32C (North Carolina Uniform Power of Attorney Act)
Presumed Durable: Yes, unless the DPOA expressly provides that it is terminated by the incapacity of the principal (North Carolina Gen. Stat. § 32C-1-104)
Signing: Signature required (North Carolina Gen. Stat. § 32C-1-105)
Notarization: The principal must sign their DPOA in front of a notary public or other individual authorized by law to take acknowledgments. (North Carolina Gen. Stat. § 32C-1-105)
Statutory Form: Yes (North Carolina Gen. Stat. § 32C-3-301)
Our durable power of attorney template includes all required language and complies with North Carolina DPOA laws and regulations.
North Carolina Durable Power of Attorney Form
Use our free North Carolina DPOA template below to serve as a guide for creating your own durable power of attorney form.
How to Fill Out a North Carolina DPOA Form
Follow these steps to easily create your durable power of attorney in North Carolina:
Step 1: Designate an Agent
First, choose someone you trust to be the agent. Before you fill out the form, make sure you fully understand what power of attorney is and the risks involved in giving legal authority over your affairs to another person.
Write the names and addresses of both the principal and agent at the top of the durable power of attorney form. You can appoint multiple co-agents to act together and/or a successor agent to take over if your original agent can’t perform their duties.
Step 2: Grant Authority
Depending on the purpose of your DPOA, you can give your agent general authority over all or one aspect of your affairs (e.g., operation of a business) or specific authority to complete one or more specific tasks (e.g., paying bills).
Even if you give your agent broad (general) authority, you can still write in specific restrictions to their power on the form.
Step 3: Ensure Your Form is Durable
In North Carolina, a power of attorney is presumed to be durable unless it specifically states it is non-durable (terminated by principal’s incapacity) on the form.
Step 4: Sign and Date the Form
Once you’ve filled in all the important details, you should sign and date the form in the presence of a notary public to make it legally binding in NC.
Step 5: Give copies to relevant parties
After completing your durable power of attorney form, you should store it in a secure place in your home and give copies to a few important parties:
- Your agent
- Family members or trusted friends
- Third parties or places where the DPOA will be used
Giving copies of the durable power of attorney form to relevant people and places of business will help ensure your agent can act on your behalf swiftly and smoothly when it’s needed.
How to Revoke a Durable Power of Attorney in North Carolina
As long as you still have the capacity to do so, you can revoke your NC durable power of attorney at any time by completing and filing a revocation of power of attorney.
If the DPOA was registered in an office of the register of deeds in North Carolina, you must also register the revocation in that office with proof of service on the agent.
If the DPOA wasn’t registered, you can revoke it by one of the following methods:
- Write and acknowledge a written revocation
- Destroy the original document and all copies with the intent of revoking it
- Create a new DPOA that specifically states that the previous DPOA is revoked or that all other POAs are revoked
(North Carolina Gen. Stat. § 32C-1-110)
Although a durable power of attorney can’t be revoked if the principal is already incapacitated, it’s possible for a third-party individual to override a power of attorney if they suspect an agent of abuse or negligence.