Legal Question in Real Estate Law in North Carolina

Not necessarily IF it is properly drafted. The law in NC is that the POA (power of attorney) can be filed at the register of deeds either immediately or, if it is a "springing" power that only becomes effective upon the incapacity of the prinicpal (person now made the POA, then at the time that the agent goes to use it. The agent must then file it at the courthouse within 30 days of registration at the recorder of deeds.

If the power of attorney is properly drafted and does not require the agent to file accountings, then in that case, the power of attorney can be filed only at the register of deeds.

If filed at the register of deeds, its should be formatted like a regular deed; otherwise, the register of deeds will charge an extra fee for filing non-standard documents.

What you need to do is review your power of attorney and see if it excuses the agent from filing an inventory and account. My guess is that if it does not, then the agent will file at both places. Once filed at the courthouse, the agent must then file the annual accountings with the clerk and be bonded if required. See NC GS � 32A‑11, set forth below:

� 32A‑11. File with clerk, records, inventories, accounts, fees, and commissions.

(a) Within 30 days after registration of the power of attorney as provided in G.S. 32A‑9(b), the attorney‑in‑fact shall file with the clerk of superior court in the county of such registration a copy of the power of attorney. Every attorney‑in‑fact acting under a power of attorney under this Article subsequent to the principal's incapacity or mental incompetence shall keep full and accurate records of all transactions in which he acts as agent of the principal and of all property of the principal in his hands and the disposition thereof.

(b) Any provision in the power of attorney waiving or requiring the rendering of inventories and accounts shall govern, and a power of attorney that waives the requirement to file inventories and accounts need not be filed with the clerk of superior court. Otherwise, subsequent to the principal's incapacity or mental incompetence, the attorney‑in‑fact shall file in the office of the clerk of the superior court of the county in which the power of attorney is filed, inventories of the property of the principal in his hands and annual and final accounts of the receipt and disposition of property of the principal and of other transactions in behalf of the principal. The power of the clerk to enforce the filing and his duties in respect to audit and recording of such accounts shall be the same as those in respect to the accounts of administrators, but the fees and charges of the clerk shall be computed or fixed only with relation to property of the principal required to be shown in the accounts and inventories. The fees and charges of the clerk shall be paid by the attorney‑in‑fact out of the principal's money or other property and allowed in his accounts. If the powers of an attorney‑in‑fact shall terminate for any reason whatever, he, or his executors or administrators, shall have the right to have a judicial settlement of a final account by any procedure available to executors, administrators or guardians.

(c) In the event that any power of attorney executed pursuant to the provisions of this Article does not contain the amount of compensation that the attorney‑in‑fact is entitled to receive or the way such compensation is to be determined, and the principal should thereafter become incapacitated or mentally incompetent, then, subsequent to the principal's incapacity or mental incompetence, the attorney‑in‑fact shall be entitled to receive reasonable compensation as determined by the clerk of superior court after considering the factors set forth in G.S. 32‑54(b).