Power of Attorney

Before You Start

  • Have you reviewed the Statutory Form?
  • Have you decided what powers you want to limit your Agent to?
  • Have you contacted any banks, financial institutions, or other entities that need this POA? They may have their own form or require specific language.
  • Have you chosen your Agent, back up Agents, and discussed your wishes with them?
  • Do you know where you will get your document notarized?
  • Are you of sound mind? 
  • Have you decided if you want this to be effective when signed or have a springing condition?

Important Information

Powers of Attorney are controlled by Chapter 32C of the North Carolina General Statutes [click here]. 

The Statutory Form is available here [HTML | PDF].

The statutory form for the POA is not a springing POA. If you want your POA to only become effective (and your Agent therefore able to act on your behalf) after a specific condition, you will need to include that language in your POA. 

Once your POA is signed, it is effective. Your Agent will be able to control your property and your money (depending on which powers you have included). Make sure you trust your Agent. 

The powers checklist on the POA form is limited to topics. For more detailed information on these topics, you will need to review the statute. 

Your POA must be notarized. You can prepare your document with everything except for the signatures that have accompanying notary blocks. The final signatures with accompanying notary blocks must be signed in front of the notary. 

POA Sections

Important Information. This is text for the Principal (person signing the POA) to review before completing their POA. 

Agent and Successor Agents. It’s always a good idea to name more than one person in naming your Agents. Your agents will be successor agents, not co-agents, so they will solely make decisions while in their role as Agent. 

General Authority. There are 13 topics that are general authorities. For more information on each of these topics, refer to the statute here. If you want to use all general topics, just check off the last line for “All preceding subjects”. If you want to limit to specific topics, only check off the topics you want. If you want to limit to very specific powers, like “selling this single property in this transaction,” you will need to write that in this section rather than selecting one of the topics. 

Specific Authority. This section is for special authority topics that  are very sensitive. Because these topics can be easily abused, they must be specifically granted. Only select the topics you want included here. 

For Agent’s Benefit (Specific Authority). This section is for the Agent to designate themselves to receive something from the specific authority section above. This is another area that is easily abused and must be specifically selected if the Principal so chooses. 

Additional Provisions. This is the option for you to include very specific provisions or provisions that otherwise aren’t covered. 

Effective Date. This is a standard power of attorney and is effective when signed. 

Nomination of Guardian. Many POAs are in preparation for guardianship scenarios. Given that your Agent should be someone you trust, they may also be someone you would want to be your guardian if the Court determines you need one. 

Reliance on POA. Anyone with the POA may rely on it.

Meaning and Effect. The POA is governed by NC law. 

Signature and Acknowledgement. Do not sign this portion until in front of a notary. 

Next Steps

Bring your POA to a notary to sign.

Share your POA with your Agent and any entities that may need to rely on it. 

Consider filing your POA with your County Register of Deeds. This is an optional choice and not required.