New North Carolina Power of Attorney Statute

Peter Mattocks

As of January 1, 2018, a new law is in effect that governs powers of attorney in North Carolina.  

The new law, the North Carolina version of the Uniform Power of Attorney Act, passed the legislature and was signed by the Governor in the Summer of 2017. The new law contains various changes that aim to bring greater clarity to the use and acceptance of powers of attorney in North Carolina. Key considerations with regard to the new law include:

(1) A power of attorney is presumed to be durable (that is, it may be used after the individual executing the power, the principal, becomes incapacitated) unless the power of attorney expressly provides otherwise.

(2) Recording a power of attorney (that is, registering a power of attorney with the register of deeds in the county where the principal is a resident) is no longer required in order for such power to remain effective upon the principal’s incapacity. Note that recording will still be required if the holder of the power wishes to engage in real estate transactions.

(3) The new law does not alter healthcare powers of attorney.

(4) The new law does not invalidate existing powers of attorney.

This article is for educational purposes only and is not intended to give, and should not be relied upon for, legal advice in any particular circumstance or fact situation. No action should be taken in reliance upon the information contained in this article without obtaining the advice of an attorney.