Dec32025
Estate Planning Q&A Series

Can I speak or sign on their behalf if they have trouble traveling or communicating, and what proof is needed? – North Carolina

Short Answer

Under North Carolina law, one person may speak or sign on another adult’s behalf only if that authority is clearly granted, usually through a valid power of attorney, health care power of attorney, or court-appointed guardianship. Trouble traveling or communicating alone does not let someone else sign for that person. Proof normally means the signed and properly witnessed/notarized legal document (or court order) showing the specific authority being used.

Understanding the Problem

The narrow question is whether, under North Carolina estate planning rules, one person can lawfully speak or sign documents for another adult who has difficulty traveling to meetings or communicating directly, and what kind of proof decision-makers will require. The concern often comes up when an older or disabled adult needs wills, powers of attorney, or health care documents prepared, but has mobility or speech impairments. The key issue is when North Carolina allows substitute decision-making and how that authority must be documented.

Apply the Law

North Carolina law recognizes several ways one adult can act for another: a durable financial power of attorney, a health care power of attorney, and, if necessary, a court-ordered guardianship. Each option has formal signing rules, capacity requirements, and limits on what the agent or guardian may do. Most estate-planning documents are handled in state courts or by private attorneys using North Carolina statutory forms and notarization requirements.

Key Requirements

  • Clear legal authority: The person who wants to speak or sign must have written authority (like a power of attorney or court order) that actually covers the decision or document in question.
  • Principal’s capacity and proper execution: The adult granting authority must have mental capacity when signing, and the document must meet North Carolina’s witnessing and notarization rules.
  • Scope and proof of authority: Third parties may rely on the written power or court order as proof, and they may ask to see the original or a certified copy before accepting a signature or decision from the agent.

What the Statutes Say

Analysis

Apply the Rule to the Facts: With no specific facts given, consider two common situations. In one, an adult has full mental capacity but cannot travel; that person can sign their own estate planning documents using accommodations such as home, facility, or remote notarization, but another person cannot sign for them unless a valid power of attorney already exists and covers that act. In another, an adult cannot understand or communicate decisions; in that case, only a properly authorized agent under a power of attorney or a court-appointed guardian can sign, and the lawyer will need to review the document or court order before proceeding.

Process & Timing

  1. Who files: Typically the adult who wants help, or a concerned family member initiating planning. Where: For powers of attorney and health care powers of attorney, with a North Carolina notary; real estate-related powers may also be filed with the appropriate county Register of Deeds. What: A written durable power of attorney, health care power of attorney (such as the statutory form), and other estate planning documents. When: Before the adult loses capacity, or as soon as a communication or mobility problem becomes apparent.
  2. Once signed and notarized, powers of attorney can be used immediately or when they become effective under their terms. Health care powers of attorney generally take effect when a physician determines the principal cannot make or communicate health care decisions.
  3. For someone who already lacks capacity and has no valid power of attorney, a family member may petition the clerk of superior court in the county of residence for guardianship. If the court finds the person incompetent, it issues an order and letters of guardianship, which then serve as proof of authority.

Exceptions & Pitfalls

  • Informal arrangements, such as simply “helping” sign someone’s name without authority, are not valid and can create serious legal problems.
  • Even with a power of attorney, an agent cannot exceed the document’s scope; for example, certain real estate transfers require the power of attorney to be recorded before the agent signs deeds.
  • Capacity is task-specific; an adult may be able to sign some documents but not others, so timing and a clear assessment of understanding are important.
  • Health care agents act only once incapacity is determined under the document; before that, the adult keeps control of health decisions.
  • Guardianship removes significant rights and should be a last resort when no valid power of attorney exists and the adult cannot make decisions.

Conclusion

In North Carolina, one adult can speak or sign on another’s behalf only when the law clearly gives that authority through a valid power of attorney, health care power of attorney, or guardianship order, and the action falls within that document’s scope. Trouble traveling or communicating, by itself, does not transfer signing power. The key next step is to arrange properly witnessed and notarized powers of attorney while the adult still has capacity, so agents can later present those documents as proof when needed.

Talk to a Estate Planning Attorney

If someone close is having trouble traveling or communicating and important planning decisions need to be made, our firm has experienced estate planning attorneys who can help explain options like powers of attorney, health care directives, and guardianship, and what proof each requires. Call us today at 919-341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.

Category: Estate Planning Q&A Series

Author: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.