Legal Question in Real Estate Law in California

Re: Power of attorney: which state?

I can't be 100% sure, because I practice only in California and do not have ready access to NC or SC statutes. However, I think there's a high probability that North Carolina would honor a power of attorney properly executed in California under California's laws Probate Code sections 4000 et seq. In particular, note that section 4401 shows and adopts a "Uniform Statutory Form Power of Attorney" I will try to find out whether North Carolina has adopted this form or not and will post a supplemental response if I find anything.

Re: Power of attorney: which state?

This supplements my earlier answer. Only 11 states have adopted the Uniform Form I mentioned, and North Carolina isn't one of them. This doesn't mean it won't honor them, however.

Getting the other party to a transaction to recognize, understand and honor a power of attorney when presented is akin to getting someone in another country to cash a travelers check issued by a relatively obscure bank. The other party has to have some comfort level that the instrument is valid, and some understanding of the purpose and uses of a power of attorney. People sometimes have trouble getting the other party to a deal to honor a power of attorney executed within the same county.

My suggestion is to contact the escrow officer of the largest escrow or title company in the county seat of Transylvania County (Brevard?) and ask about their experience and preferences regarding powers of attorney. You can probably get a lot of practical information for the price of a long-distance call.