Jan172026
Estate Planning Q&A Series

How do I become someone’s power of attorney, and what does the other person need to sign for it to be valid? – North Carolina

Short Answer

In North Carolina, a person becomes someone’s “power of attorney” only if the other adult (the “principal”) signs a written power of attorney document naming that person as agent. For a health care power of attorney, the principal generally must sign in front of two qualified witnesses and the document must be proved before a notary. For a financial power of attorney, the safest approach is a written document that the principal signs and acknowledges before a notary, and if the agent will handle real estate, the power of attorney should be recorded with the Register of Deeds before a deed is signed.

Understanding the Problem

In North Carolina estate planning, the key question is: what must an adult sign (and how must it be signed) to validly appoint another person as agent for medical decisions and for financial/legal decisions. The actor is the adult who is granting authority (the principal). The action is signing documents that name an agent and describe the powers granted. The trigger is the moment the document is executed with the required formalities, and (for health care powers) the authority typically matters most when the principal cannot make or communicate health care decisions.

Apply the Law

North Carolina treats medical decision-making and financial decision-making as two different appointments, usually done with two different documents: a Health Care Power of Attorney (medical decisions) and a Durable (Financial) Power of Attorney (banking, real estate, and other non-medical matters). The principal must have capacity to sign, must clearly identify the agent, and must follow the required signing steps (witnessing/notarization). If real estate is involved, recording with the Register of Deeds is a common practical requirement before the agent signs a deed.

Key Requirements

  • Proper document for the job: A health care power of attorney covers medical decisions; a financial power of attorney covers property and money matters. Mixing them can cause confusion and rejection by hospitals or banks.
  • Correct execution (signing formalities): Health care powers generally require two qualified witnesses and notary proof. Financial powers are typically expected to be notarized so third parties will accept them.
  • Real estate readiness (if applicable): If the agent may sign deeds or other real property instruments, the power of attorney (or a certified copy) generally should be recorded with the Register of Deeds before the transfer is executed.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the goal is for an adult to appoint [CLIENT] as agent for both medical decisions and financial decisions. Under North Carolina practice, that usually means signing two separate documents: a Health Care Power of Attorney and a Durable (Financial) Power of Attorney. The documents must be signed with the correct formalities (especially witnesses/notary for the health care document), and if the financial power will be used for real estate, recording with the Register of Deeds should be handled early so a later closing is not delayed.

Process & Timing

  1. Who files: No court filing is required to “become” an agent. Where: The principal signs the documents in North Carolina in front of the required witnesses/notary; if real estate authority is needed, record with the Register of Deeds in the appropriate county. What: A Health Care Power of Attorney (often using the statutory form) and a Durable (Financial) Power of Attorney; if recording is needed, record the original or a certified copy. When: Sign and notarize before the documents are needed; record before any deed/real property transfer is signed by the agent.
  2. Next step: Provide copies to the people and institutions that will rely on them (for example, health care providers for the health care document; banks or other institutions for the financial document). If the principal wants added accessibility for medical emergencies, consider filing the health care document with the Secretary of State registry (county practices and acceptance procedures can vary).
  3. Final step: Keep the originals in a known, accessible place and confirm the agent understands the scope of authority and any limits written into the documents.

Exceptions & Pitfalls

  • Wrong witnesses for health care documents: North Carolina health care powers of attorney require “qualified” witnesses; using a disqualified witness can create validity or acceptance problems.
  • Notarization and acceptance issues: Even when a document might be technically valid, banks, title companies, and medical facilities often insist on notarization and clean execution formalities before they will rely on it.
  • Real estate recording overlooked: A financial power of attorney that is not recorded can slow down or complicate a real estate transaction when the agent needs to sign closing documents.

Conclusion

In North Carolina, becoming someone’s power of attorney requires the other adult (the principal) to sign a written document naming the agent and granting authority. A health care power of attorney generally must be signed with two qualified witnesses and proved before a notary, while a financial power of attorney is typically signed and notarized so third parties will accept it. If real estate authority is needed, the next step is to record the power of attorney with the Register of Deeds before any deed is signed.

Talk to a Estate Planning Attorney

If you’re dealing with appointing someone to handle medical decisions and financial matters under North Carolina powers of attorney, our firm has experienced attorneys who can help you understand your options and timelines. 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: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.