Nc Statutory Power Form PDF Details

In North Carolina, granting someone the authority to act on your behalf through a power of attorney can be a crucial step for ensuring your affairs are handled according to your wishes, especially in unforeseen circumstances. The North Carolina General Assembly provides a statutory short form of general power of attorney under Chapter 32A, offering an officially recognized way to delegate a wide range of powers to an appointed attorney-in-fact. This legal document allows the individual, known as the principal, to specify the extent of powers granted, including real estate transactions, banking, insurance, tax matters, and even personal relationships and affairs, among other responsibilities. With its broad and sweeping powers, the form acts as a powerful tool for estate planning and managing personal and financial affairs. Notably, the statute is designed with flexibility in mind, allowing the inclusion of additional clauses that can limit the duration of the power or specify its effectiveness in the event of the principal's incapacity or mental incompetence. The form clearly requires the principal's initials alongside each power they wish to grant, ensuring a tailored approach to delegating authority. It also accommodates the inclusion of directives concerning custody trusts under the Uniform Custodial Trust Act, highlighting the form's comprehensive nature in addressing a wide array of legal and personal considerations. Proper execution and notarization are essential, underscoring the form's legal significance and the care needed in its preparation.

QuestionAnswer
Form NameNc Statutory Power Form
Form Length2 pages
Fillable?No
Fillable fields0
Avg. time to fill out30 sec
Other namesnorth carolina statutory short form power of attorney, north carolina gs 32a, nc 32a, printable power of attorney form nc

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Chapter 32A.

Powers of Attorney.

Article 1.

Statutory Short Form Power of Attorney.

§ 32A-1. Statutory Short Form of General Power of Attorney.

The use of the following form in the creation of a power of attorney is lawful, and, when used, it shall be construed in accordance with the provisions of this Chapter.

"NOTICE: THE POWERS GRANTED BY THIS DOCUMENT ARE BROAD AND SWEEPING. THEY ARE DEFINED IN CHAPTER 32A OF THE NORTH CAROLINA GENERAL STATUTES WHICH EXPRESSLY PERMITS THE USE OF ANY OTHER OR DIFFERENT FORM OF POWER OF ATTORNEY DESIRED BY THE PARTIES CONCERNED.

State of ______.

County of ______.

I ________, appoint ________ to be my attorney-in-fact, to act in my name in any way

which I could act for myself, with respect to the following matters as each of them is defined in Chapter 32A of the North Carolina General Statutes. (DIRECTIONS: Initial the line opposite any one or more of the subdivisions as to which the principal desires to give the attorney-in-fact authority.)

(1)

Real property transactions

_________

(2)

Personal property transactions

_________

(3)

Bond, share, stock, securities and commodity transactions

_________

(4)

Banking transactions

_________

(5)

Safe deposits

_________

(6)

Business operating transactions

_________

(7)

Insurance transactions

_________

(8)

Estate transactions

_________

(9)

Personal relationships and affairs

_________

(10)

Social security and unemployment

_________

(11)

Benefits from military service

_________

(12)

Tax matters

_________

(13)

Employment of agents

_________

(14)Gifts to charities, and to individuals other than the

attorney-in-fact

_________

(15) Gifts to the named attorney-in-fact

_________

(16)Renunciation of an interest in or power over property to

benefit persons other than the attorney-in-fact

_________

(17)Renunciation of an interest in or power over property

to benefit persons including the attorney-in-fact ................................ _________

(If power of substitution and revocation is to be given, add: 'I also give to such person full power to appoint another to act as my attorney-in-fact and full power to revoke such appointment.')

(If period of power of attorney is to be limited, add: "This power terminates ____, ___')

(If power of attorney is to be a durable power of attorney under the provision of Article 2 of Chapter 32A and is to continue in effect after the incapacity or mental incompetence of the principal, add: 'This power of attorney shall not be affected by my subsequent incapacity or mental incompetence.')

G.S. 32A-1

Page 1

(If power of attorney is to take effect only after the incapacity or mental incompetence of the principal, add: 'This power of attorney shall become effective after I become incapacitated or mentally incompetent.')

(If power of attorney is to be effective to terminate or direct the administration of a custodial trust created under the Uniform Custodial Trust Act, add: 'In the event of my subsequent incapacity or mental incompetence, the attorney-in-fact of this power of attorney shall have the power to terminate or to direct the administration of any custodial trust of which I am the beneficiary.')

(If power of attorney is to be effective to determine whether a beneficiary under the Uniform Custodial Trust Act is incapacitated or ceases to be incapacitated, add: 'The attorney-in-fact of this power of attorney shall have the power to determine whether I am incapacitated or whether my incapacity has ceased for the purposes of any custodial trust of which I am the beneficiary.')

Dated___________, _______ .

______________________________ (Seal)

Signature

STATE OF ____________________ COUNTY OF _______________

On this ______ day of___________, ______, personally appeared before me, the said

named ______ to me known and known to me to be the person described in and who executed

the foregoing instrument and he (or she) acknowledged that he (or she) executed the same and being duly sworn by me, made oath that the statements in the foregoing instrument are true.

My Commission Expires ______________________.

_______________________________________________

(Signature of Notary Public)

Notary Public (Official Seal)"

(1983, c. 626, s. 1; 1985, c. 162, s. 1; c. 618, s. 1; 1995, c. 331, s. 1; c. 486, s. 2; 2009-48, s. 11.)

G.S. 32A-1

Page 2

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