Power of Attorney

Name: Power of Attorney
Brand: Strauss Attorneys PLLC
Rating: 4.9 (447 reviews)

Planning for the unexpected is an essential part of protecting your future. Under the North Carolina Uniform Power of Attorney Act (N.C. Gen. Stat. Chapter 32C), individuals may appoint trusted agents to act on their behalf, ensuring continuity, control, and protection when they cannot act themselves.

Experience in Establishing Powers of Attorney

At Strauss Attorneys, PLLC, we help clients across North and South Carolina create Powers of Attorney that meet all legal requirements under North Carolina law and provide lasting peace of mind.

Our attorneys take the time to listen to your goals, explain your options, and craft documents that fit your circumstances, from a limited Power of Attorney for a single transaction to a durable Power of Attorney designed to remain effective during incapacity.

With the proper planning, you can avoid costly delays, spare your family unnecessary court involvement, and ensure your financial and personal affairs are handled exactly as you intend.

What Is a Power of Attorney?

A Power of Attorney (POA) is a legal document that allows you (the principal) to authorize another person (the agent or attorney-in-fact) to act on your behalf in financial, legal, or personal matters.
The law provides that a Power of Attorney must be in writing, signed by the principal, and acknowledged before a notary public to be valid (N.C. Gen. Stat. § 32C-1-105). Once executed properly, a POA gives your chosen agent the legal authority to act as you direct.

Types of Powers of Attorney in North Carolina

Not all Powers of Attorney serve the same purpose. By carefully selecting the right type of Power of Attorney, you can balance flexibility with protection — granting only the authority needed while ensuring your wishes are fulfilled.

General Power of Attorney

Grants broad authority for an agent to manage various financial and legal affairs. Unless specified as “durable,” this authority ends if the principal becomes incapacitated (N.C. Gen. Stat. § 32C-1-102(2)).

Durable Power of Attorney

Remains effective even if the principal becomes incapacitated. This durability feature makes it one of the most important planning tools for ensuring continuity of decision-making during incapacity (N.C. Gen. Stat. § 32C-1-104).

Health Care Power of Attorney

Separate from Chapter 32C, this document is governed under Chapter 32A, Article 3. It lets you appoint someone to make medical decisions if you cannot.

Limited and Specialized Powers of Attorney

In some cases, a Limited Power of Attorney may be the right solution. It grants authority for a single transaction, such as signing real estate documents, or for a specific time period. North Carolina law even provides statutory forms tailored to real property transactions (NC Gen. Stat. § 32C-3-301).

We also assist with specialized POAs for business operations, retirement accounts, or other assets requiring careful drafting and coordination with your estate plan.

How Strauss Attorneys, PLLC Can Help

Appoint Trusted Individuals as Agents and Successors

Choosing the right person to act on your behalf is one of the most important aspects of a Power of Attorney. At Strauss Attorneys, PLLC, we help you carefully consider who has the judgment, integrity, and availability to serve in this role. We also guide you in naming successor agents so there is always someone you trust who is ready to step in if your first choice cannot serve.

Define the Scope of Authority — Broad or Limited

A Power of Attorney can be as wide-reaching or specific as needed. Some clients want an agent to manage all financial and legal matters, while others prefer to grant authority only for a single task, such as handling a real estate closing. Our attorneys work with you to clearly define the scope of powers so your wishes are honored and your agent’s authority is neither too broad nor too restrictive.

Comply with Chapter 32C Formalities

North Carolina’s Uniform Power of Attorney Act sets strict requirements for creating a valid document. These include proper drafting, execution, and acknowledgment before a notary public. Our team ensures every step is handled correctly so your Power of Attorney is legally sound and enforceable when needed.

Coordinate with Your Broader Estate Plan

A Power of Attorney should not stand alone; it works best in a comprehensive estate plan. We make sure your POA aligns with your wills, trusts, and other planning tools, preventing conflicts and ensuring your overall strategy remains cohesive. This coordinated approach protects your assets, preserves your intentions, and provides peace of mind for you and your family.

Plan with Confidence. Protect Your Family. Secure Your Future.

A Power of Attorney safeguards your loved ones and your legacy. Without it, your family may need to petition the court for authority to act on your behalf, creating unnecessary stress and expense. With it, you provide clarity, reduce risk, and ensure your affairs remain in trusted hands. Contact Strauss Attorneys PLLC today to discuss creating a Power of Attorney that reflects your wishes and keeps you in control.

Strauss Law staff photo together in suits

Power of Attorney FAQs

Can I name more than one agent in my Power of Attorney?

Yes. North Carolina law allows you to appoint co-agents, and you can specify whether they must act jointly or may act independently. You can also name successor agents if your first choice is unavailable.

Does my Power of Attorney need to be recorded with the Register of Deeds?

Recording is not always required. However, if your POA grants authority over real estate, it must be recorded in the county where the property is located to be valid against third parties.

Can my agent make gifts on my behalf?

Only if the document explicitly grants that authority. North Carolina’s Uniform Power of Attorney Act requires specific language to authorize gifts, especially large or tax-related transfers.

What happens if I move out of North Carolina?

A POA executed in compliance with North Carolina law is generally valid in other states, but laws vary. If you move, reviewing your documents to ensure they meet your new state’s requirements is wise.

Can I change or revoke my Power of Attorney?

Yes. As long as you have legal capacity, you may revoke or update your POA at any time. Revocations should be in writing; if the original was recorded, the revocation should also be recorded.

What responsibilities does my agent have?

Agents are fiduciaries, meaning they must act in your best interest, avoid conflicts of interest, keep records, and follow your instructions. They may be held liable for misuse of authority.

Does a Power of Attorney replace a will or trust?

No. A POA is effective only during your lifetime and ends at death. At that point, your will or trust governs how your assets are managed and distributed.

Can my Power of Attorney be used immediately, or only if I become incapacitated?

That depends on how it is drafted. You can create a POA that is effective upon signing, or one that “springs” into effect upon your incapacity, as defined in the document.

How do third parties, like banks, know my Power of Attorney is valid?

Because the law requires notarization, and in some cases recording, third parties can rely on the document’s notarized acknowledgment. They may also request an attorney’s certification of its validity.

What if I don’t have a Power of Attorney and become incapacitated?

Without a valid POA, your loved ones may have to go through a court guardianship proceeding to gain authority to act for you — a more costly, time-consuming, and stressful process than having a POA in place.