Power of Attorney in North Carolina

A question that comes up frequently is whether or not a Power of Attorney must be recorded to be valid.  N.C. G.S. 32A-9(b) requires a Power of Attorney to be registered if it is to survive the mental incapacity or incompetence of the person granting the power.  Other statutes control how the POA is indexed after recording (N.C.G.S. 47-115) and what records must be kept when a POA is used (N.C.G.S. 32A-11.)  And if a POA is used to transfer an interest in real estate it must be recorded in the county where the real estate is located(N.C.G.S. 47-28.)  There are quite a few statutes that deal with POA’s and it would be a lengthy discussion to list them all.  Most important for the average person is to record the POA to be sure it is valid once the person is no longer mentally competent.

Gabriel Berry Weston & Wells, L.L.P.
Richard W. Gabriel

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