North Carolina Statutory Durable Power of Attorney Form
The North Carolina Statutory Durable (Financial) Power of Attorney (POA) is a physical reference to the fact that the individual who has brought about the Power of Attorney (the Principal) has chosen to:
- Elect an Agent to act on their behalf in one or more matters,
- Grant the Agent with particular decision making powers, and
- Authorize the Agent to continue to act on their behalf if they one day become incapacitated.
The ability for a POA to endure endure even in the event of the Principal’s incapacity is a defining feature of a Durable POA. Should this not be what the Principal desires, they should instead make use of a General POA.
State Laws & Signing Requirements
State Laws – North Carolina Uniform Power of Attorney Act
Signing Requirements (§ 32C-1-105) – For a Statutory Durable Power of Attorney to be accepted by the state of North Carolina, it needs to be signed by the Principal and acknowledged before a Notary Public or another individual legally authorized to take lawful acknowledgements.