Free North Carolina Power of Attorney (POA) Form

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Last Update July 18th, 2024

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Types of Power of Attorney in North Carolina

There’s more than one type of Power of Attorney in North Carolina and selecting the correct variant can be critical. Each kind offers different types of powers to an Attorney-in-Fact (also known as an Agent). Therefore, you must create the right class of document, in order for your POA to work as intended.

The most common variants include the following examples:

  • Durable: Durable Power of Attorney documents are invaluable tools for individuals planning how their estate will be managed in their old age, or in the event of sudden illness or disability. They allow the Agent to act for the Principal even if they become incapacitated.
  • Limited: A Limited Power of Attorney allows a Principal to grant time-limited powers to an Agent. This is usually to allow the Agent to complete a one-off task such as signing a contract.
  • Medical: Medical Power of Attorney is a durable form of POA that allows a Principal to appoint a person to make medical decisions for them if they become incapacitated
  • Real Estate: Real Estate POAs in North Carolina are specially tailored documents that let Principals grant powers to an Agent for the purposes of managing real estate.
  • DMV: A DMV POA is a kind of Vehicle Power of Attorney that gives an Agent the authority to transfer ownership of a car or motorbike belonging to the Principal and to manage other issues related to cars and other motor vehicles.
  • Springing: A springing Power of Attorney is a legal instrument that allows you to appoint and give authority to an Agent when certain criteria are met and specific events occur. These will normally become active when the Principal becomes incapacitated and unable to act for themselves.
  • Minor Child Power of Attorney: This variety of Power of Attorney allows a Principal to appoint an Agent to take on their legal parental rights for a limited period of time. This could be for work reasons, deployment in the military, or due to an illness.
  • Tax: A Tax Power of Attorney form enables you to grant authority to an agent to represent you before {state}’s tax office.

How to Get a Power of Attorney in North Carolina

A North Carolina Power of Attorney can be filled-in fully online with our step-by-step form completion survey. All you need to do is answer the questions and add in your own information to create a fully complete POA tailored to your necessities.

Alternatively, the task of creating a POA can be left to a lawyer. However, this is usually a more time-consuming and costly process.

North Carolina Power of Attorney Requirements

In order to make sure your POA is fully valid upon completion and signing, you must make sure that you follow the right steps to prepare your NC Power of Attorney document before successfully putting it into action.

To do this you will need to meet the following criteria:

  1. Make sure all the details on the form are correct such as names, addresses, dates, and the powers that are to be granted.
  2. The completed form should be signed by both the Agent and Principal.
  3. It is essential that the signing of the document is viewed by 2 witnesses who must also sign the form.
  4. A notary public must also be present at the signing and must sign the document too.

In addition to these steps, it is crucial that all the signing parties are legally able to enter into this agreement. This means that they must:

  • Be over 18 years of age.
  • Be mentally competent enough to enter into a contractual agreement.
  • Understand the powers that are being granted.

North Carolina legislature (§ 32C-1-114) accepted the Universal Power of Attorney Act (UPOAA) in 2017. This means that you can use your Power of Attorney in other states that have also adopted this act. Make sure the wording on your document also follows the guidelines of the UPOAA.

Lastly, the Agent must be a legal adult or a financial institution with trust powers, a registered place of business within the state and that has the authority to carry out trust business in North Carolina. They should also be someone that the Principal has full confidence in.

North Carolina Power of Attorney Sample

Creating and putting a Power of Attorney into action in North Carolina is a major commitment. It can help to explore an example template first to get a clear idea of what information should be found in your completed document. Our sample NC Power of Attorney below can help you understand the details included in this legal arrangement a little better.

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Power of Attorney North Carolina Sample

FAQs About North Carolina Power of Attorney Forms

It is important to have a good understanding of what North Carolina Power of Attorney forms can do before filling in your own. Read through our FAQs below to get a better idea of the key information needed as well as any other special considerations.

What Are Some Uses of a Power of Attorney?

An NC Power of Attorney is an important legal document that allows you to appoint a trusted individual to act on behalf of you to carry out important activities. Once signed, these legal forms can be used for a number of different purposes depending on their type and purpose.

These responsibilities include:

  • Managing your financial affairs
  • Making medical decisions for you if you are incapacitated
  • Handling activities for you such as buying or selling property

Who Should Be Your North Carolina POA Agent?

When choosing the right Agent for your North Carolina POA,it is essential to pick a person (or people) that you trust implicitly.

By granting Power of Attorney to someone you allow them to hold a large amount of responsibility for your financial or even bodily wellbeing. An Agent therefore must be someone you know will take the actions that serve these interests best.

Who can override a North Carolina Power of Attorney?

There are a few ways to override a Power of Attorney. First of all, you can simply revoke it, as the Principal retains the right to remove the powers at any time.

If on the other hand, you wish to revoke the NC Power of Attorney of an already incapacitated family member, you will have to write to the Agent to ask them to formally step down as POA. If they refuse, you may then need to take the matter to court and appoint guardianship to render the powers of the Agent inactive.

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Power of Attorney North Carolina Sample

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NORTH CAROLINA POWER OF ATTORNEY
NOTICE: THE POWERS GRANTED BY THIS DOCUMENT ARE BROAD AND SWEEPING. THEY ARE DEFINED IN CHAPTER 32C OF THE NORTH CAROLINA GENERAL STATUTES, WHICH EXPRESSLY PERMITS THE USE OF ANY OTHER OR DIFFERENT FORM OF POWER OF ATTORNEY DESIRED BY THE PARTIES CONCERNED.
IMPORTANT INFORMATION
This power of attorney authorizes another person (your agent) to make decisions concerning your property for you (the principal). Your agent will be able to make decisions and act with respect to your property (including your money) whether or not you are able to act for yourself. The meaning of authority over subjects listed on this form is explained in the North Carolina Uniform Power of Attorney Act.

This power of attorney does not authorize the agent to make healthcare decisions for you.

You should select someone you trust to serve as your agent. Unless you specify otherwise, generally the agent's authority will continue until you die or revoke the power of attorney or the agent resigns or is unable to act for you.

Your agent is entitled to reasonable compensation, unless you state otherwise in the Additional Provisions and Exclusions.

This form provides for designation of one agent, successor agent, and second successor agent. If you wish to name more than one agent, successor agent, and second successor agent, you may name a co-agent, successor co-agent, or second successor co-agent in the Additional Provisions and Exclusions.

Co-agents, successor co-agents, or second successor co-agents are not required to act together unless you include that requirement in the Additional Provisions and Exclusions.

If your agent is unable or unwilling to act for you, your power of attorney will end unless you have named a successor agent. You may also name a second successor agent.

This power of attorney becomes effective immediately.

If you have questions about the power of attorney or the authority you are granting to your agent, you should seek legal advice before signing this form.
DESIGNATION OF AGENT
I, _________, _________, telephone number _________, and email address _________, name the following person _________ of _________, telephone number _________, and email address _________, as my Agent, to act for me and exercise the powers and discretions defined in Chapter 32C of the North Carolina General Statutes.
GRANT OF GENERAL AUTHORITY
I grant my agent and any successor agent general authority to act for me with respect to the following subjects as defined in the North Carolina Uniform Power of Attorney Act, Chapter 32C of the General Statutes:

(INITIAL each subject you want to include in the agent's general authority.)
________ - Real Property
________ - Tangible Personal Property
________ - Stocks and Bonds
________ - Commodities and Options
________ - Banks and Other Financial Institutions
________ - Operation of Entity or Business
________ - Insurance and Annuities
________ - Estates, Trusts, and Other Beneficial Interests
________ - Claims and Litigation
________ - Personal and Family Maintenance
________ - Benefits from Governmental Programs or Civil or Military Service
________ - Retirement Plans
________ - Taxes
ADDITIONAL PROVISIONS AND EXCLUSIONS
________ - My Agent is entitled to reasonable compensation for services provided under this Power of Attorney. My Agent is entitled to reimbursement of all reasonable expenses incurred in acting under this Power of Attorney.
This power of attorney will not be terminated by my incapacity.
This Power of Attorney is a Durable Power of Attorney and takes effect immediately. This Power of Attorney shall not be affected by my subsequent incapacity or mental incompetence. This Power of Attorney will continue to be effective until my death.
EFFECTIVE DATE
This power of attorney is effective immediately, unless I have stated otherwise in the Additional Provisions and Exclusions section.
RELIANCE ON THIS POWER OF ATTORNEY
Any person, including my agent, may rely upon the validity of this Power of Attorney or a copy unless that person knows it has terminated or is invalid.
MEANING AND EFFECT
The meaning and effect of this Power of Attorney shall for all purposes be determined by the law of the State of North Carolina.
SIGNATURE AND ACKNOWLEDGMENT

_____________________________________________________
_________Date

STATE OF NORTH CAROLINA,
_________
COUNTY, ss:

I certify that the following person personally appeared before me this day, acknowledging to me that he or she signed the foregoing document: ______________________________.

_____________________________________________________
Signature of Notary PublicDate

______________________________, Notary Public
Printed or typed name

My commission expires: ______________________________
IMPORTANT INFORMATION FOR AGENT

Agent's Duties

When you accept the authority granted under this power of attorney, a special legal relationship is created between you and the principal. This relationship imposes upon you legal duties that continue until you resign, or your authority is terminated or the power of attorney is terminated or revoked. You must:

(1)  Do what you know the principal reasonably expects you to do with the principal's property or, if you do not know the principal's expectations, act in the principal's best interest;
(2)  Act in good faith;
(3)  Do nothing beyond the authority granted in this power of attorney; and
(4)  Disclose your identity as an agent whenever you act for the principal by writing or printing the name of the principal and signing your own name as "agent" in the following manner:

________________________________________________________________________
(Principal’s name) by (Your signature) as agent

Unless the Additional Provisions and Exclusions in this power of attorney state otherwise, you must also:

(1)  Act loyally for the principal's benefit;
(2)  Avoid conflicts that would impair your ability to act in the principal's best interest;
(3)  Act with care, competence, and diligence;
(4)  Keep a record of all receipts, disbursements, and transactions made on behalf of the principal;
(5)  Cooperate with any person that has authority to make health care decisions for the principal to do what you know the principal reasonably expects, or if you do not know the principal's expectations, to act in the principal's best interest;
(6)  Attempt to preserve the principal's estate plan if you know the plan and preserving the plan is consistent with the principal's best interest; and
(7)  Account to the principal, or a person designated by the principal (if any), in the Additional Provisions and Exclusions.
TERMINATION OF AGENT'S AUTHORITY

You must stop acting on behalf of the principal if you learn of any event that terminated or revoked this power of attorney or your authority under this power of attorney. Events that terminate a power of attorney or your authority to act under a power of attorney include:

(1)  Death of a principal;
(2)  The principal's revocation of the power of attorney or the termination of your authority;
(3)  The occurrence of a termination event stated in the power of attorney;
(4)  The purpose of the power of attorney is fully accomplished; or
(5)  If you are married to the principal, your divorce from the principal unless the Additional Provisions and Exclusions in this power of attorney state that your divorce from the principal will not terminate your authority.
LIABILITY OF AGENT

The meaning of the authority granted to you is defined in the North Carolina Uniform Power of Attorney Act. If you violate the North Carolina Uniform Power of Attorney Act or act outside the authority granted, you may be liable for any damages caused by your violation.

If there is anything about this document or your duties that you do not understand, you should seek legal advice. (2017-153, s. 1; 2018-142, s. 30(b).)
AGENT'S CERTIFICATION AS TO THE VALIDITY OF POWER OF ATTORNEY AND AGENT'S AUTHORITY
(G.S. 32C-3-302)
I, ______________________________ (Name of Agent), do hereby state and affirm the following under penalty of perjury:

(1) ______________________________ (Name of Principal) granted me authority as an agent or successor agent in a power of attorney dated ________________________.

(2) The powers and authority granted to me in the power of attorney are currently exercisable by me.

(3) I have no actual knowledge of any of the following:

(a) The principal is deceased.
(b) The power of attorney or my authority as agent under the power of attorney has been revoked or terminated, partially or otherwise.
(c) The principal lacked the understanding and capacity to make and communicate decisions regarding his estate and person at the time the power of attorney was executed.
(d) The power of attorney was not properly executed and is not a legal, valid power of attorney.
(e) (Insert other relevant statements)
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________

(4) I agree not to exercise any powers granted under the power of attorney if I become aware that the principal is deceased, that the power of attorney has been revoked or terminated, or
that my authority as agent under the power of attorney has been revoked or terminated.
AGENT SIGNATURE AND ACKNOWLEDGMENT

_____________________________________________________
Agent's SignatureDate
______________________________ 
Agent's Name Printed 
______________________________ 
Agent's Address 
______________________________ 
Agent's Telephone Number 
  


STATE OF NORTH CAROLINA,
_________ COUNTY
, ss:

I certify that the following person personally appeared before me this day, acknowledging to me that he or she signed the foregoing document: ______________________________.

Sworn to or affirmed and subscribed before me this day by:_______________________
 Date


______________________________
Signature of Notary Public

______________________________
(Official Seal)
_______________________________, Notary Public
Printed or typed name


My commission expires: _______________________________
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