Power of attorney laws are there for principals to use, acting as a detailed guide on creating forms that are both legally binding and hold up in a court of law. This document is official and is necessary to allow the attorney-in-fact to act in the way that the power of attorney form specifies. These are included in detail in Chapter 32, Article 1-101 of the North Carolina Statutes along with POA writing recommendations and specifics. These statutes specify that:

  • Though the form may grant the right to act on behalf of the principal in case of the principal’s severe medical condition, it does not allow the agent to decide on the continuance or termination of life support.
  • When drawing up North Carolina power of attorney forms, principals should aim to stay close to the form represented in the corresponding statute.
  • A power of attorney is needed to pass over responsibilities involving the principal’s medical and health issues.
  • The principal has the right, at any time, to terminate the terms of a power of attorney.

Why Use a POA Form in North Carolina

There are several circumstances where a power of attorney form can be used. Many think that it is a form that is only suitable for those suffering from a terminal illness or on the brink of mental collapse, but North Carolina power of attorney forms can be used for so much more. Anytime an individual wants to hand over their financial, medical, business, or real estate issues to a trusted individual, a power of attorney can be used. Also, in cases where parents are required to leave the country, they can create a POA to pass over the minor child’s guardianship for a short period.

One thing that is for sure is that things happen unexpectedly in life, sometimes leaving things in a complete mess. Though it is never predictable, a bit of preparation can come in handy if a disaster strikes. With a power of attorney form, the chosen attorney-in-fact can control and handle business for the principal if they are to become disabled in an accident. If there is no power of attorney beforehand, principals face the fact that their desires won’t be fulfilled if they are in a difficult situation.

Power of Attorney Forms

Depending on whether it is a person with declining health, a condition such as Alzheimer’s or dementia, or just the one requiring expert help with the sale or purchase of a property, principals will need to choose the proper power of attorney form. Below are some of the most common types.

General Power of Attorney

A general power of attorney is used to grant the chosen attorney-in-fact control of the principal’s financial affairs. This could include handling specific business issues or particular financial operations, depending on the parameters set. With a general POA, if the principal loses their life or is disabled, the POA loses its validity and is therefore terminated.

Durable Power of Attorney

Using this type of POA form, the principal can allocate an attorney-in-fact to act on their behalf for a particular set of circumstances or situations. While this is very similar to a general POA, a durable POA will remain valid if the principal falls ill or becomes disabled.

Medical Power of Attorney

This type of POA is most often used when the principal is terminally ill or works in a high-risk job where their life is frequently at stake. This POA is used to help make decisions about any medical-related issues, including treatments and medications.

Minor Child Power of Attorney

Any time a legal parent or guardian is forced to leave the country for an extended period, they can pass over guardianship with a minor child POA. Using this form, the guardian can legally act as the child’s parent to make medical and educational decisions.

Tax Power of Attorney

Principals can use the tax power of attorney (Form GEN-58) to grant a selected individual the right to handle preparations or submit any tax-related forms, including personal or business-related taxes. This person could be a trusted accountant or even the preparer responsible for handling and filing the taxes for the principal or company-owned by the principal.