How to Give a Power of Attorney in North Carolina
North Carolina is similar to other states in that it recognizes two forms of "power of attorney:" durable powers of attorney and health care powers of attorney. A durable power of attorney, under North Carolina law, authorizes a person (the "agent" or "attorney-in-fact") to act in various legal capacities (such as the power to enter into binding contracts) for the principal (the person giving durable power of attorney). Health care powers of attorney authorize an agent to make health care decisions for the principal.
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Instructions
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Use North Carolina's Durable Power of Attorney Form for durable powers of attorney or North Carolina's Health Care Power of Attorney Form for health care powers of attorney. These forms can be accessed in the Resources section below.
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Read through the form. Eliminate provisions you do not want to give your agent. To eliminate provisions, copy and paste the form into a word processor and manually delete the unwanted provisions. For example, you may not want your agent to access your safe deposit boxes. In your durable power of attorney, you would simply delete that authority from the list in the form.
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Print the power of attorney form you need (durable or health care). Fill in the blanks on the form. You need to provide your name, the name of your agent, any applicable period during which the power of attorney is effective (for durable powers of attorney). If it is left blank, the power is effective until you revoke it. In the case of health care powers of attorney, list your physicians and health care agents on the lines provided in the form.
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Bring the document to a notary public in North Carolina. Sign and date the document in the notary's presence. Have the document notarized. Provide copies of the document to your agent.
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Tips & Warnings
This article was written for informative purposes only. It does not give legal advice. Readers should seek the assistance of a North Carolina attorney for their legal needs.
References
Resources
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