Legal Question in Wills and Trusts in North Carolina

is a lawyer necessary for power of attorney? or can us commoners just fill out papers at the clerk of court...thanks


Asked on 9/20/11, 9:27 am

2 Answers from Attorneys

If the person making the power of attorney (POA) is in North Carolina and this is very simple, then no, you do not need an attorney. The POA must be signed and notarized; it does not have to be witnessed. The person makiing the POA has to be mentally competent.

Its always a good idea to have an attorney draft one - I can do one for you if interested for $50 - $75.

You can also a very simple POA for free. Here is the link to the statute:

http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_32A/GS_32A-1.html

The form is part of the statute - you will have to do some editing as the form gives you some options. If you use the form, remember that it can be filed at the recorder of deeds. When you go to actually use it, you also have to file it at the courthouse.

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Answered on 9/20/11, 1:19 pm

PS - Please contact me at [email protected] if you are interested.

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Answered on 9/20/11, 1:20 pm


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