North Carolina General Power of Attorney

State:
Multi-State
Control #:
US-04099BG
Format:
Word; 
Rich Text
Instant download

Description

Agency is a relationship based on an agreement authorizing one person, the agent, to act for another, the principal. For example an agent may negotiate and make contracts with third persons on behalf of the principal. Actions of an agent can obligate the principal to third persons. Actions of an agent may also give a principal rights against third persons.


An agency can be created for the purpose of doing almost any act the principal could do. However, there are some acts that must be done in person and cannot be done by an agent. Examples would be: testifying in court for another individual, making a will, and voting.


A general agent is authorized by the principal to transact all the affairs of a particular kind of business. For example, a person appointed as manager of a store is a general agent.


A special agent is authorized by the principal to handle a particular business transaction or perform a specific act. For example, a specific power of attorney appointing an agent (attorney-in-fact) to sell a particular piece of real estate or a certain car would be the appointment of a special agent.


A universal agent is authorized by the principal to do any act that can be delegated to a representative. An example would be giving a person a general power of attorney. This form is such a general power of attorney.

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FAQ

Difference Between General And Special Power Of Attorney A General power of Attorney is very much different from a Special power of Attorney. The GPA always confers a general power of performing while the Special power of Attorney confers only a specific power to perform any particular act or task.

200bYou may file your power of attorney document with the Register of Deeds office. You will need to present the original notarized document in person or through the mail. We accept cash, check or money order for the payment.

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. A special or limited POA specifies the certain powers a person will have.

A. A power of attorney must always be signed in front of a notary public. If you wish, it can be recorded at the county register of deeds office in North Carolina where it is to be used.

A North Carolina durable power of attorney form allows a person named as agent to act and manage the person's own property and financial matters, while retaining the right to care for the person's health and safety by being able to make decisions in their behalf if the person is incompetent to do so.

If a person wants to authorise someone to act as a power of attorney on his behalf, it must be signed and notarised by a certified notary advocate, who is able to declare that you are competent at the time of signing the document to issue the said power of attorney.

A power of attorney can be created without legal assistance and almost free of charge. In fact, one can find a free POA form online and simply print it and fill it out. One can also have a POA created online for as little as $35.

It usually takes 8 to 10 weeks for The Office of the Public Guardian to register a power of attorney, so long as there are no mistakes on the form. It may take longer if there are issues they want to look into, although this is rare.

POAs for real estate transactions must be filed with the Register of Deeds in the appropriate county in short-form. The full POA does not need to be recorded.

You must be at least 18 years of age, mentally competent, and have capacity when the durable power of attorney is signed. North Carolina law states that a durable power of attorney must be registered at your local county office of the register of deeds to be effective after your incapacity.

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North Carolina General Power of Attorney