What Is a North Carolina Power of Attorney?
A North Carolina power of attorney (POA) is a legal document that allows you to appoint someone you trust to act on your behalf. This person is referred to as your agent, and you are the principal. They need to be at least 18 years old and mentally competent to serve.
A POA gives your agent permission to handle things like money, property, or health care decisions. It can be temporary or continue if you become ill or are unable to make decisions for yourself. North Carolina follows the Uniform Power of Attorney Act, which sets the state’s rules for creating and using a POA (NC Gen Stat § 32C-1-101 et seq).
Types of Power of Attorney in North Carolina
When deciding on an NC power of attorney, you should determine what powers you want to grant and how long you want them to last. Explore the different types of power of attorney in North Carolina to find one that fits your needs.
Durable Power of Attorney
In North Carolina, a POA is automatically durable, meaning it stays in effect even if you become incapacitated. If you want your POA to end when you’re no longer able to make decisions, you must clearly state that within the document (NC Gen Stat § 32C-1-104).
Non-Durable Power of Attorney
A non-durable POA ends if you become incapacitated. To make a POA non-durable in North Carolina, the document must specify that the agent’s authority stops when the principal becomes incapacitated. This type of POA is often used for short-term or limited purposes, such as managing a one-time financial transaction.
Financial Power of Attorney
A financial POA gives your agent the authority to handle your money, property, and other financial matters. In North Carolina, the powers you grant must follow the terms listed in NC Gen Stat Chapter 32C, Article 2.
Medical Power of Attorney
A medical POA, also called a health care power of attorney, lets your agent make medical decisions if you are unable to do so yourself. A medical POA in North Carolina must be:
- Signed by you (the principal)
- Witnessed by two qualified individuals
- Notarized
Note that the witnesses cannot be related to you, stand to inherit from you, or be involved in your medical care (NC Gen Stat § 32A-16).
Durable (Financial)
Appoint someone to handle one’s financial affairs even after incapacitation.
Signing Requirements: Notary public (§ 32C-1-105).
Medical
Give doctors and caregivers legal guidance on how to proceed with your care if you are unable to make decisions yourself.
Signing Requirements: Two witnesses or a notary public. (§ 32A-16(3)).
Limited (Special)
Appoint an agent for specific tasks. The authority typically ends when the tasks have been completed.
Signing Requirements: Notary public (§ 32C-1-105).
Non-Durable (General)
Grant broad powers over a principal’s affairs to a trusted third party (agent).
Signing Requirements: Notary public (§ 32C-1-105).
Springing
“Spring” into effect in a certain situation, and end at a time you specify.
Signing Requirements: Notary public.
Vehicle (Form MVR-63)
Appoint someone to act for you with the division of motor vehicles in North Carolina.
Signing Requirements: Notary public.
Real Estate
Entrusts an agent with the responsibility of managing the principal's property affairs.
Signing Requirements: Notary public.
Tax (Form GEN-58)
Implement a North Carolina Department of Revenue Power of Attorney to designate a representative for state tax purposes.
Minor (Child)
Gives short-duration control of a child's health and learning needs.
Signing Requirements: Notary public.
How to Get a Power of Attorney in North Carolina
Follow these simple steps to create a valid power of attorney in North Carolina.
- Name the Principal and Agent: Enter the full legal names of both the principal and the appointed agent. Your agent must be trustworthy and capable of acting on your behalf. Under NC Gen Stat § 32C-1-114, every agent in North Carolina has a legal duty to act in good faith, follow instructions, and act in your best interests.
- Decide What Powers to Grant: Clearly describe what your agent can and cannot do. North Carolina allows you to grant general authority (broad powers over finances or property) or specific powers (for limited tasks, such as managing one account or signing a single document). The list of possible powers you can grant your agent is outlined under NC Gen Stat Chapter 32C, Article 2.
- Specify When the POA Takes Effect: A North Carolina POA takes effect immediately upon signing and notarization unless stated otherwise. (NC Gen Stat § 32C-1-109).
- State Whether It Is Durable or Non-Durable: A POA in North Carolina is durable by default, meaning that it continues even after you become incapacitated (NC Gen Stat § 32C-1-104). If you prefer that it ends when you can no longer make decisions, you must clearly state this in the document.
- Sign and Notarize the Form: In North Carolina, the POA must be signed before a notary public to be valid. You can use a free notary acknowledgment form to make your POA official. If you are executing a healthcare power of attorney, you’ll also need two qualified witnesses who will sign the document.
- Store Copies: Keep your completed document in a secure location and share copies with your agent and any other individuals who may need them.
Power of Attorney Requirements in North Carolina
There are specific state rules that a North Carolina POA must comply with to be valid. The following steps ensure that courts, banks, and other institutions across NC can accept your document.
Put It in Writing
The POA must be in writing and signed by you (the principal) to be legally valid in North Carolina. This rule applies to all types of POAs, including financial and medical POAs (NC Gen Stat § 32C-1-105).
Sign Before a Notary
You must sign the POA in the presence of a notary public. Without notarization, a POA cannot be enforced in North Carolina. This rule applies to all types of POAs, from general to medical (NC Gen Stat § 32C-1-105). A medical power of attorney also must be signed in the presence of two disinterested witnesses.
Record Real Estate POA
If a POA gives your agent the power to buy, sell, or manage real estate, the document must be recorded with the county’s register of deeds. Recording the POA ensures that the agent’s authority is officially recognized in property transactions (NC Gen Stat § 47-28).
Revocation
A POA in North Carolina can end for several reasons. Under (NC Gen Stat § 32C-1-110), a POA terminates when any of the following occur:
- Principal’s death: A POA automatically ends when the principal dies.
- Incapacity: If the POA is not durable, it ends when the principal becomes incapacitated.
- Revocation notice: The principal can revoke the POA in writing any time while they are mentally competent.
- End date: The POA expires on the date specified in the document.
- Purpose fulfilled: If the POA was created for a specific task (like a property sale), it ends once that task is completed.
- The agent’s authority ends: The POA terminates if the agent’s authority is revoked, the agent dies, resigns, or becomes incapacitated, and no alternate agent is named.
- Court action: A guardian or general guardian appointed by a court terminates the POA.
How Incapacity Is Determined in NC
In North Carolina, incapacity can be determined by:
- Two licensed physicians or psychologists
- A judge, attorney, or government official who has the authority to make that determination (NC Gen Stat § 32C-1-109(c)
You may name a person who is responsible for determining your capacity. If you do not name a specific individual, the default state rules above will apply. This ensures that your POA only activates once your incapacity has been properly verified and confirmed.
