For an affidavit to be valid, it is essential that the affidavit be sworn to, or affirmed before, a notary public or some other officer authorized to administer oaths. It is also essential that the affiant be identified as to name, residence and, where appropriate or required by law, as to status or capacity. This is ordinarily done in the introductory paragraph to the affidavit.
The following form is by an affiant as an attorney-in-fact for a corporation.
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A power of attorney permits you to determine who should be in charge of your finances and medical decisions if you cannot make those decisions for yourself. In most cases, if a person has a valid durable (financial) power of attorney and valid healthcare power of attorney, there is no need to obtain a guardianship.
A durable power of attorney in North Carolina can grant broad or limited authority and remains in effect even if you become incapacitated. If you are uncertain about which power of attorney is right for you, contact North Carolina estate planning attorney Jonathan Breeden.
This type of banking power of attorney grants your agent the right to handle all of your finances within the confines of state laws. In most states, they can manage your bank account, sign checks, file your taxes, and even sell property.
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.
Perhaps the most significant problem with the new statutory Health Care Power of Attorney form is that, unless the individual expressly provides otherwise, the form grants the health care agent unlimited authority to withhold or discontinue life-prolonging measures.
When a power of attorney is used to transfer land or to do business on behalf of a person who has become incapacitated, it must be recorded. As a general rule, however, a power of attorney does not need to be recorded in North Carolina in order to be effective.
Types of Powers of Attorney in NC A power of attorney can be general, temporary, or special (also known as limited). A general power of attorney allows the attorney-in-fact to make personal and business decisions. A temporary POA allows a person to act only in a limited time frame.
