A North Carolina Power of Attorney is a legal document granting an individual the authority to make decisions on behalf of another person, referred to as the “principal.” The appointed decision-maker is known as the “agent.” A power of attorney form confers this authority and is an essential legal document that should be carefully considered before being assigned.
Laws
Statute: North Carolina Uniform Power of Attorney Act (Chapter 32C).
By Type
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.