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North Carolina Durable (Statutory) Power of Attorney Form

A North Carolina durable power of attorney form allows a person to appoint someone else to make decisions and conduct financial matters on their behalf during their life. The form, unless otherwise stated, is durable, which means it will continue to be valid in the event the principal should become incapacitated.
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Updated June 24, 2024

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Signing Requirements

A notary public must witness the principal’s signature. If the optional Agent Certification is completed, then the agent must also sign in the presence of a notary public (§ 32C-1-105).

Laws

Definition of “Durable”

With respect to a power of attorney, the incapacity of the principal does not terminate the power of attorney (§ 32C-1-102(2)).

Definition of “Power of Attorney”

A writing or other record that grants authority to an agent to act in the place of the principal, whether or not the term power of attorney is used (§ 32C-1-102(9)).

Statutory Form

The North Carolina legislature has made available a sample statutory power of attorney form at § 32C-3-301.