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A power of attorney must be (i) signed by the principal or in the principal's conscious presence by another individual directed by the principal to sign the principal's name on the power of attorney and (ii) acknowledged.

Signature requirements A financial POA must be signed by the principal, and the signature must be acknowledged before a notary public or another person authorized by law to take acknowledgments.

After someone has died, the will may be filed with a clerk of court. A decedent's will becomes a public record when it is filed, after the decedent's death, with the clerk of court. Any person may view a public record or request a copy of a public record for a fee.

Technically, you do not need to file your will with the court while you are still living. But, it could be beneficial to your family or your executor to have the will entrusted to a third party where it can easily be produced.

The POA cannot transfer the responsibility to another Agent at any time. The POA cannot make any legal or financial decisions after the death of the Principal, at which point the Executor of the Estate would take over. The POA cannot distribute inheritances or transfer assets after the death of the Principal.

In North Carolina, a will can be challenged on several different grounds, including fraud, forgery, lack of capacity, and undue influence. If an elderly, sick, or otherwise vulnerable person's will is drafted or altered because of improper pressure from another person, it might not reflect their true last wishes.