North Carolina Minor Child Power of Attorney Form

The North Carolina Minor Child Power of Attorney is a document that reflects, as per the state law provision § 32A-28, “the fundamental right of a parent to delegate decisions relating to health care for the parent’s minor child where the parent is unavailable for a period of time by reason of travel or otherwise.” By executing this document, a parent or legal guardian can detail the responsibilities they wish for the individual they select (their Agent) to carry out in their absence. The Agent they select should not only be capable of making sound health care decisions regarding their child, but also communicating them in a responsible manner.

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State Laws & Signing Requirements

State Laws – Powers of Attorney (Chapter 32A)

Signing Requirements (§ 32A-28) – State law does not outline any specific signing requirements for a Minor Child Power of Attorney to be executed. As such, it is recommended that a parent/guardian follow the signing requirements set out in the North Carolina Uniform Power of Attorney Act. As per § 32C-1-105, the document should be:

  • Signed by the Principal (or by another individual they direct to sign the form on their behalf, so long as this is completed their conscious presence), and
  • Acknowledged before a Notary Public or another individual legally authorized to take lawful acknowledgements.