Power of Attorney North Carolina | Houser Law Firm

 

What is a Power of Attorney?

There may be times where you (often referred to as the ‘Principle’) will want someone else that you trust (often referred to as an ‘Agent’ or ‘Attorney-in-Fact’) to be able to take care of certain matters and/or make certain decisions for you while you are away and/or incapacitated.  A properly drafted Power of Attorney is a legal document that will allow some one you trust to do just that.

There are several types of Powers of Attorney in North Carolina:

General Power of Attorney – this is a broad POA that authorizes your agent to do all of the following things below and more (Note: will not allow Health Care Decisions or the power to change beneficiaries in an existing estate plan):

  • Real Property Transactions
  • Personal Property Transactions
  • Bond, Share, Stock, Securities, Commodity and Other Negotiable Instrument Transactions
  • Banking and Safe Deposits Transactions
  • Business Operating Transactions
  • Insurance Transactions
  • Estate Transactions – excluding the power to change beneficiaries in an existing estate plan.  No POA allows that.
  • Personal Relationships and Affairs
  • Social Security, Unemployment and Other Government Agency Transactions
  • Benefits from Military Service
  • IRS, State and Local Tax Matters
  • Employment of Additional Agents
  • Gifts to Charities, Individuals to Include or Not the Named Agent
  • Renunciation of Interest In and/or Power Over Property Benefiting Other Person(s) to Include or Not the Named Agent
  • Terminate and/or Direct the Administration of a Custodial Trust Created Under the Uniform Custodial Trust Act

Limited Power of Attorney – limits the POA to only some of the matters in the list above and excludes the rest.

Durable Power of Attorney – is not a separate POA but is an option to make a POA one that will either: 1) continue in effect if the Principle becomes incapacitated and/or mentally incompetent OR 2) will not take effect until the Principle becomes incapacitated and/or mentally incompetent.  (Note: Powers of Attorney that are Durable MUST be registered in an appropriate county office of the Register of Deeds AND within 30 days of being registered, also filed with the Clerk of Court for that county.  Further, Agents are required to keep full and accurate records of all transactions.  The requirement to file with the Clerk of Court and to keep records can be waived.)

Non-Durable Power of Attorney – again this is not a separate POA but is an option that will cause any POA to be revoked and terminate if the Principle becomes incapacitated and/or mentally incompetent.

Health Care Power of Attorney – specifically allows Health Care decisions to made that are not allowed in the General and Limited Powers of Attorney.

Health Care / Custody Power of Attorney for a Minor Child – is the same as a Health Care Power of Attorney but is specifically for making Health Care and / or Custody decisions for a Minor Child.

What is the fee for a Power of Attorney?

Our firm has flat rate fee of $25 for simple General Powers of Attorney fees for other POA’s vary based on their complexity but are still quoted on a flat rate basis.  Compare our fee to Legal Zoom™ at $35 to $64.95 or any other attorney or law firm.

What makes a Power of Attorney from The Houser Law Firm different?

Our Powers of Attorney are not computer generated.  They are hand drafted and reviewed by our licensed attorney.  Specifically tailored to your unique circumstances and are fully comprehensive, containing all of the following unique features that other attorneys, law firms and online services may not offer, such as:

  1. The option to include a copy of your identification card directly on the POA.  Your agent will usually be asked to present identification when using a POA.  It is time saving, convenient and helpful if identification is part of the form.
  2. Non-Photocopying Water Mark – our POA has a non-photocopying watermark and/or other security feature(s) that will easily distinguish a copy of your POA from an original.
  3. Only the specific powers you choose are listed.  Some attorneys, law firms and online services use a form style POA that has a check list of powers that you check off and initial.  It is far too easy for someone to later simply ‘check off’ powers you did not authorize.  Often by the time you discover the fraud – the damage is done.  Our POA’s prevent this by only listing the powers you authorized and omitting the ones you didn’t.  We also structure the format of our POA so that it is nearly impossible for any one to make unnoticeable changes to the POA that you did not authorize.
  4. Statement on North Carolina Law of the Penalty for Unreasonable Refusal to Recognize POA.  Sometimes you will encounter difficulty in having your POA accepted.  In North Carolina, it is unlawful to unreasonably refuse to accept a POA.  Our POA’s have a copy NCGS § 32A-41 printed on the POA so you can show that unreasonable refusal is not allowed.

Wow, the fee and features are incredible!  That’s just what I need!  How do I get started?

All it takes is 3 Easy Steps: 1) Just fill out our Easy POA Interview Form (below), 2) select the options that work best for you, 3) make Payment and our attorney will have a comprehensive Power of Attorney hand drafted specifically for you, so that you can rest assured that someone you trust has the authority to handle the affairs and/or make the decisions that you authorize.

The Houser Law Firm - Power of Attorney Interview Form

Must have your FULL legal name as it appears on your Birth Certificate.
You MUST be at least 18.
PO Boxes are not acceptable here - we MUST have the address where you physically live.
This is the address we will mail documents to, if applicable. Leave blank or write 'same' if your mailing address is the same as your residential address. PO Boxes are OK for mailing address.
Must have Agent's FULL name as it appears on their Birth Certificate.
Agent MUST also be at least 18 years old.
PO Boxes are not acceptable here - we MUST have the address where you physically live.
Note: The Non-Photocopy Blue 'Original' Watermark will require that we mail your POA or pick up in person at our office. Even if you have a color printer to print your downloaded POA, we can not guarantee your color printer will reproduce the correct shade of blue to insure it will not photocopy.
If yes, we will need a scan of your picture ID card. Scan setting should be at least 300 dpi, 600 dpi or greater is preferable and a color scan is preferable to black and white. A Drivers License works best but any government issued ID with a picture will work.
This statement may be helpful in situations where someone unreasonably refuses to accept the POA.
Note: Durable Powers of Attorney are required to be registered. We will provide you with instructions on how to do that if you choose to have a Durable POA.
Note: If you choose a General Power of Attorney you are done and can skip the remaining questions and submit the form. Keep in mind a General Power of Attorney is very broad so choose carefully someone you trust as your Agent!
Don't worry - if you don't provide enough information, we will contact you. At this point, your Limited POA is done and you may skip the remaining questions and submit the form.
Don't worry - if you don't provide enough information, we will contact you. At this point, your Health Care POA is done and you may skip the remaining questions and submit the form.
MUST have child's FULL name as it appears on their Birth Certificate.
PO Boxes are not acceptable here - we MUST have the address where the child physically lives.
Don't worry - if you don't provide enough information, we will contact you.