You have heard the term “Power of Attorney” and have a general idea of what that encompasses. But now that you have decided to get your affairs in order, you need some specifics. What exactly does getting and giving power of attorney entail, and how do you get power of attorney in the state of North Carolina? Here is some information to help you get started:
Power of Attorney Forms in North Carolina
The state of North Carolina recognizes two different forms of power of attorney. The first is called a financial power of attorney. A financial power of attorney allows you, the principal, to authorize another person, known as your agent, to act on your behalf in a legal capacity. For example, a financial power of attorney could sign contracts or make legal and financial decisions on your behalf. This power of attorney continues even if you become incapacitated and are no longer capable of revoking the power of attorney.
The second form of power of attorney is called health care power of attorney. With health care power of attorney, you authorize an agent to make health care decisions on your behalf. A health care power of attorney agent will make the end-of-life decisions regarding breathing machines, CPR, and life prolonging medications and surgeries if you, the principal, are no longer capable of making your wishes known to your doctors.
Hiring an Attorney for A Power of Attorney Agreement
Although North Carolina has a suggested statutory power of attorney form, it is not appropriate for everyone. Each of us has specific needs and assets and the power of attorney should be drafted with the guidance of a qualified attorney.
The relationship you enter into when granting a power of attorney is a big decision. In order to make sure that the relationship is exactly to your specifications, it is best to consult an estate attorney when entering into this agreement. Like a minister who officiates a wedding ceremony, your attorney will oversee the legalization of this relationship. Hiring an estate planning attorney will ensure that your power of attorney will be legally binding, and that your chosen agent will carry out your wishes.