Dec202025
Estate Planning Q&A Series

Can I sign a financial power of attorney on my parent’s behalf if my parent is present but has difficulty speaking? – North Carolina

Short Answer

Usually no—at the moment of signing, a North Carolina financial power of attorney should be signed by the parent (the “principal”), not by the family member who hopes to become the agent. If the parent can still understand the document and can communicate intent (even without clear speech), the parent may be able to sign using an assisted method (such as a mark) and then acknowledge the signature to a notary. If the parent cannot communicate understanding and intent, the power of attorney generally cannot be validly signed, and other options may be needed.

Understanding the Problem

In North Carolina, can a family member sign a financial power of attorney for an ill parent when the parent is physically present but has difficulty speaking? The decision point is whether the parent can still understand what the financial power of attorney does and can communicate approval of the signing and the chosen agent at the time the document is executed in front of a notary.

Apply the Law

In North Carolina, a financial power of attorney is meant to reflect the principal’s choice to authorize an agent to handle financial and property matters. In most cases, the principal signs the document and then acknowledges to a notary that the principal signed it. The notary’s role is to confirm personal appearance and complete the acknowledgment certificate. If someone other than the principal signs, the details matter because a financial power of attorney is the document that creates the agent’s authority in the first place, so the signing must clearly reflect the principal’s intent and be notarized in a legally acceptable way.

Key Requirements

  • Capacity at the moment of signing: The parent must understand the basic nature of the document (that it gives an agent authority over finances/property) and must be able to communicate approval at the time of signing and notarization.
  • Principal’s signature (or legally acceptable substitute): The parent should sign personally if possible. When full handwriting is difficult, the signing often can be done in an alternative way that still counts as the parent’s act (for example, a consistent mark), so long as the parent adopts it as a signature and the notary can complete a proper acknowledgment.
  • Notary acknowledgment and personal appearance: The parent must personally appear before the notary for the acknowledgment, and the notary must be able to confirm identity and that the parent acknowledges signing the document.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The family member is trying to complete a financial power of attorney while the parent has health setbacks and may not be able to verbalize instructions clearly. The key legal issue is not whether the parent can speak well, but whether the parent can understand the document and communicate approval at signing. If the parent can communicate intent through nonverbal means (such as nodding, writing, pointing, or other reliable responses) and can make a signature or mark that the parent adopts as a signature, a notary may be able to take an acknowledgment. If the parent cannot communicate understanding and intent, a signature “for” the parent risks an invalid power of attorney and later rejection by banks or other third parties.

Process & Timing

  1. Who signs: The parent (principal). Where: In front of a North Carolina notary public (often at a bank, law office, hospital, or at home with a mobile notary). What: A North Carolina financial power of attorney document that includes a notary acknowledgment. When: While the parent still has the ability to understand the document and communicate approval.
  2. Notary acknowledgment: The notary must confirm personal appearance and identity and must be satisfied the parent is acknowledging the signature on the power of attorney. If speech is limited, the notary may rely on other clear communication methods, but the notary should not proceed if the parent cannot communicate acknowledgment.
  3. After signing: If the agent will handle real estate transactions, the signed power of attorney (or a certified copy) is typically recorded with the register of deeds in the county where the parent lives or where the property is located, and future real estate documents should reference that recording.

Exceptions & Pitfalls

  • Signing “as the agent” before the power exists: A family member cannot act as agent until a valid power of attorney is properly executed; signing the parent’s name without a legally sufficient method can cause the document to fail.
  • Notary uncertainty about communication: If the parent cannot acknowledge signing (even nonverbally), the notary may refuse notarization. A notarization done without true acknowledgment can create challenges later.
  • Bank and title company acceptance: Even when a document is notarized, third parties often scrutinize powers of attorney. Clear execution, a proper acknowledgment, and (when relevant) proper recording can reduce delays.

Conclusion

In North Carolina, a family member generally should not sign a financial power of attorney on a parent’s behalf just because the parent is present but has difficulty speaking. The parent must understand what the document does and must be able to communicate approval and acknowledge the signing to a notary. If the parent can still communicate intent, the parent may be able to sign using an alternative method and then complete a proper acknowledgment. Next step: arrange for the parent to sign and acknowledge the power of attorney before a North Carolina notary while capacity is still present.

Talk to a Estate Planning Attorney

If a family is dealing with an ill parent who may not be able to clearly communicate during a financial power of attorney signing, an estate planning attorney can help confirm the right signing approach, coordinate proper notarization, and avoid delays with banks and real estate transactions. 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.