Dec262025
Estate Planning Q&A Series

What does the notary need to witness or hear to confirm my parent is directing me to sign the power of attorney? – North Carolina

Short Answer

In North Carolina, a notary generally cannot notarize a power of attorney based on what a family member says. The notary must have the parent (the “principal”) personally appear and either (1) sign the document while the notary watches, or (2) acknowledge to the notary that the signature on the document is the parent’s signature. The notary must also be satisfied the parent understands the nature and consequences of the signing and is acting voluntarily, without duress or undue influence.

Understanding the Problem

In North Carolina estate planning, a common question is: when a parent’s health makes communication difficult, what does a notary need to see or hear to properly notarize a financial power of attorney when someone else is trying to help with the signing? The key decision point is whether the parent can personally appear and communicate enough—verbally or otherwise—to confirm the parent is adopting the signature and granting authority. If that minimum communication cannot be established at the signing, notarization may not be possible on that day, even if the family’s intentions are clear.

Apply the Law

Under North Carolina law, the notary’s job in an acknowledgment is to certify that the signer personally appeared, was properly identified, and either signed in the notary’s presence or acknowledged that the signature is theirs. The notary also effectively certifies, based on the notary’s judgment at the time, that the signer did not appear to be incompetent, lacking in understanding of the nature and consequences of the transaction, or acting involuntarily due to duress or undue influence. In practice, this means the notary needs direct confirmation from the parent—not from the family member—before notarizing.

Key Requirements

  • Personal appearance and communication: The parent must personally appear before the notary in close physical proximity so they can see and communicate with each other.
  • Signature or acknowledgment by the parent: The parent must either sign while the notary watches or indicate to the notary that the signature on the document is the parent’s signature.
  • Notary’s judgment of capacity and voluntariness: The parent must not appear to the notary to lack understanding of the nature and consequences of the transaction, and must not appear to be acting under duress or undue influence.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the notary is worried because the parent may not be able to clearly verbalize instructions and the family member wants to sign. Under North Carolina notary rules, the critical issue is not whether the family member intends to help, but whether the parent can personally appear, be identified, and communicate enough to either sign in front of the notary or to acknowledge that the signature on the power of attorney is the parent’s signature. If the parent cannot reliably communicate understanding and willingness, the notary may have to refuse the notarization.

Process & Timing

  1. Who signs/appears: The parent (principal) must appear before the notary. Where: In the notary’s physical presence in North Carolina (for an in-person notarization). What: The financial power of attorney and appropriate identification. When: At the time the notarization is performed; the key is the parent’s condition and ability to communicate on that day.
  2. What the notary needs to “witness or hear”: The notary needs direct confirmation from the parent. Practically, that can be (a) watching the parent sign, or (b) the parent indicating the signature is theirs (often a clear “yes,” but it can also be another reliable method of communication if the notary can freely communicate and is confident the parent is responding knowingly and voluntarily).
  3. Certificate completion: The notary completes and signs an acknowledgment certificate and affixes the notary seal/stamp. The certificate states the parent personally appeared and acknowledged signing.

Exceptions & Pitfalls

  • “Signing for” the parent without the parent’s acknowledgment: A family member signing the parent’s name (or the family member’s own name) without the parent personally acknowledging the signature to the notary can lead to rejection by banks and other institutions and can create claims of forgery or undue influence.
  • Communication limits: If the parent cannot communicate in a way the notary finds reliable, the notary may refuse to notarize even if everyone present believes the parent “would want this.” The notary must rely on the notary’s own observations.
  • Duress/undue influence concerns: If the parent appears pressured, confused, heavily medicated, or not oriented to what is being signed, the notary may have reasonable grounds to refuse notarization because the parent appears to lack understanding or appears to be acting involuntarily.
  • Using the wrong notarial act: An acknowledgment focuses on the signer’s appearance and adoption of the signature. Trying to “fix” a weak signing by using a different certificate after the fact can create recording and acceptance problems.

Conclusion

In North Carolina, a notary generally must get confirmation directly from the parent—not from a family member—that the parent is adopting the signature and granting authority in the power of attorney. The parent must personally appear, be identified, and either sign in the notary’s presence or acknowledge that the signature is the parent’s signature, and the parent must appear to understand the nature and consequences and act voluntarily. Next step: schedule the signing for a time when the parent can personally appear and give a clear acknowledgment to the notary.

Talk to a Estate Planning Attorney

If a family is dealing with a parent who is declining and a notary is unsure what can be notarized, an estate planning attorney can help evaluate whether a power of attorney can still be validly signed and what alternatives may be available. 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.