Can I name more than one person to act under a power of attorney, and how does that work if we need to share responsibilities? – North Carolina

Short Answer

Yes. In North Carolina, a power of attorney can name more than one agent (often called “co-agents”). The document should clearly say whether each co-agent can act alone or whether they must act together, and it should spell out how disagreements, signatures, and practical day-to-day tasks (like paying bills) will be handled.

Understanding the Problem

Under North Carolina estate planning law, can more than one person be appointed to act as an agent under a power of attorney, and if so, how must those agents act when responsibilities need to be shared? The practical issue is whether one agent can handle routine tasks while another handles different tasks, or whether both agents must approve and sign for every action. This question often comes up when a family is trying to manage banking, bill-paying, and paperwork for someone who cannot easily handle those tasks personally, including someone who is incarcerated.

Apply the Law

In North Carolina, a power of attorney is a written document where a “principal” gives an “agent” legal authority to act for the principal. A principal may name more than one agent. The key is how the document allocates authority: it can require co-agents to act jointly (together) or allow them to act independently (each can act alone). Because banks and other institutions rely on what the document says, the power of attorney should be drafted so third parties can tell, from the face of the document, whether one signature is enough or whether both signatures are required.

Key Requirements

Clear co-agent structure: The power of attorney should state whether co-agents may act independently or must act jointly for decisions and signatures.
Defined scope of authority: The document should clearly cover the tasks that need handling (for example, banking and bill-paying), and it should address any “sensitive” powers that institutions commonly scrutinize.
Practical instructions for third parties: The document should be easy for a bank or other institution to administer (for example, whether one co-agent can sign checks, access accounts, or communicate with the institution without the other co-agent present).

What the Statutes Say

N.C. Gen. Stat. § 47-43.1 (Execution by attorney-in-fact) – Confirms that an agent can sign instruments on behalf of the principal in a legally sufficient way.
N.C. Gen. Stat. § 47-43 (Acknowledgment form for instruments executed by agent) – Provides a statutory form of notarial certificate commonly used when an agent signs recordable documents for a principal.

Analysis

Apply the Rule to the Facts: The goal is to help an incarcerated relative by using a power of attorney to access a bank account, pay bills, and handle paperwork. Naming co-agents can work well when responsibilities need to be shared, but the power of attorney should clearly state whether either co-agent can act alone for banking and bill-paying or whether both must approve each action. If the document requires joint action, routine tasks can become difficult because both co-agents may need to coordinate signatures and communications for every transaction.

Process & Timing

Who signs: The principal (the incarcerated relative). Where: In front of a notary public authorized to take acknowledgments for North Carolina documents (often arranged through the facility or a visiting notary process). What: A North Carolina durable power of attorney that names co-agents and states whether they act jointly or independently. When: Before the agents need to act; institutions often require the executed document before granting access.
Implementation: Provide the executed power of attorney to the bank and any billers. Ask the institution what it needs to add the agent(s) to the account profile and confirm whether it will accept one co-agent acting alone if the document allows it.
Ongoing use: Co-agents should keep records of actions taken (payments made, account changes, communications) and share information with each other to avoid duplication, missed bills, or inconsistent instructions to third parties.

Exceptions & Pitfalls

Joint-action gridlock: Requiring both co-agents to approve every decision can protect against unilateral action, but it can also delay urgent tasks (like stopping late fees) if one co-agent is unavailable.
Bank policy friction: Even with a valid power of attorney, a bank may have internal procedures for reviewing documents and setting up agent access. Clear drafting (including whether one co-agent may act alone) reduces delays.
Unclear division of duties: A “we’ll split it up informally” approach can cause confusion. A better approach is to authorize independent action (if appropriate) and set expectations for notice, recordkeeping, and coordination between co-agents.

Conclusion

In North Carolina, a power of attorney can name more than one agent, but the document should clearly state whether co-agents may act independently or must act jointly. That choice controls how signatures, approvals, and day-to-day tasks like banking and bill-paying will work in real life. The most important next step is to have the principal sign a properly notarized power of attorney that spells out the co-agent decision-making and signature rules, then deliver it to the bank for review before any urgent due dates.

Talk to a Estate Planning Attorney

If you’re dealing with setting up a power of attorney for an incarcerated family member and need co-agents to share responsibilities without creating delays, our firm has experienced attorneys who can help explain options and timelines. Call us today at [CONTACT NUMBER].

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.