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North Carolina Springing Power of Attorney Form

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Updated May 20, 2024

A North Carolina springing power of attorney is used by a person to grant someone else decision-making authority in case they become incapacitated. This authority activates only when needed under the terms specified, such as becoming seriously ill or going missing.

Permitted in North Carolina?

Yes, a power of attorney can be drafted such that it activates upon the occurence of a future event or contingency.[1]

Signing Requirements

A genuine power of attorney must be signed before a notary public.[2]

“Incapacity” Definition

“Incapacity” means the inability of an individual to manage property or business affairs because the individual:

(A) has an impairment in the ability to receive and evaluate information or make or communicate decisions even with the use of technological assistance; or
(B) is:

(i) missing;
(ii) detained, including incarcerated in a penal system; or
(iii) outside the United States and unable to return.[3]

Sources

  1. § 32C-1-109(a)
  2. § 32C-1-105
  3. § 32C-1-102(6)