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Where can I find a power of attorney in North Carolina?

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When does a power of attorney become effective in North Carolina?

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Where can I find North Carolina’s new POA form?

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May 17, 2018 · A Statutory Short Form Power of Attorney has been created by the North Carolina legislature. The form may be found in the North Carolina General Statutes, Chapter 32C, at Section 32C-3-301. Although the law states that POAs created before the new law are still effective, it would be a good idea to create a new one using the current form.

What is a power of attorney in North Carolina?

The North Carolina legislature has created a Health Care Power of Attorney form. In addition to the general authority that is granted, there are specific provisions related to particular types of healthcare decisions, including nutrition, mental health, and organ donation.

What is a power of attorney?

A power of attorney is a legal document that gives one person, called the "agent," the power to take certain actions on behalf of another person, called the "principal.".

Who determines incapacity?

If not stated, or if the person designated can't or refuses to make the decision, incapacity will be determined by either two individuals who are physicians or licensed psychologists who have examined the principal; or by a lawyer, judge, or "an appropriate government official.".

What is a POA in healthcare?

A healthcare POA gives your agent the power to make medical treatment decisions for you, but only if you are physically or mentally incapable of making your own decisions. By its very nature, a healthcare POA is both durable and springing.

Why is it important to have a last will?

You know having a last will is important—it protects your family and provides for your final wishes. Now that you're finally sitting down to write that will, be on the lookout for these common but easy-to-avoid mistakes.

Last Will and Testament Basics

You undoubtedly already know that your Will can be used to make both specific and general gifts of your estate assets to family members, loved ones, charities, and other beneficiaries. In addition, you will need to appoint someone as the Executor of your estate when you create your Will.

Why Is a Lawyer Necessary When You Create a Will?

Given the ubiquitous nature of legal forms on the internet, going the DIY route with your Last Will and Testament may seem like a great way to save time and money. Unfortunately, the time and money it may save you now could cost your estate, and consequently your loved ones, much more down the road.

Contact Us

If you have additional questions or concerns about needing a lawyer when you create a Will, contact an experienced North Carolina estate planning attorney at The Law Offices of Cheryl David by calling 336-547-9999 to schedule an appointment.

Do I Need to Worry about North Carolina Estate Tax?

Creating a successful estate plan that accomplishes all of your various goals requires you to consider a number of complex,…

What happens if you are charged with a criminal offense?

You are charged with a criminal offense that could result in incarceration; You have been charged with offenses that could result in serious consequences such as DWI / Impaired Driving or Reckless Driving, You have missed your court date and have an outstanding Order for Arrest;

Can a court appoint a lawyer?

If you can not afford an attorney the Court may appoint you one in certain types of cases. The Court considers appointing counsel if you meet certain criteria. A court appointed lawyer is not always free of charge, but it may be more affordable than retaining private counsel. Read more about court appointed counsel.

Do I need an attorney if I have a lawyer?

Most would assume that if you ask a lawyer, whether or not you need a lawyer the answer would always be “Yes, you need an attorney to represent your legal interests.”. However, this may not always be case. A lawyer can be helpful in every legal situation but there are steps you can take to avoid or minimize the need for an attorney.