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North Carolina General (Financial) Power of Attorney

A North Carolina general (financial) power of attorney is a document that allows a person (principal) to designate an individual to conduct financial transactions on their behalf. Unless stated otherwise, this power of attorney will automatically terminate upon the principal's incapacity, unlike the durable form, which continues in effect.
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Updated August 21, 2024

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Laws

  • Durable – A power of attorney is durable unless the instrument expressly provides that it is terminated by the incapacity of the principal.[1]
  • Incapacity – Means the inability of a person to manage their property or business affairs due to an impairment or if the person is missing, detained (incarcerated), or is outside the United States and is unable to return.[2]
  • Signing Requirements – Must be notarized.[3]

Sources

  1. § 32C-1-104
  2. § 32C-1-102(6)
  3. § 32C-1-105