How do I set up a power of attorney and what documents do I need? – North Carolina Short Answer In North Carolina, setting up a power of attorney usually means signing a written document that names an “agent” to act for a “principal,” and having the principal’s signature acknowledged before a notary. The core…
What should I bring to my appointment to finalize a medical proxy and related paperwork? – North Carolina Short Answer For a North Carolina appointment to sign a medical proxy (often a Health Care Power of Attorney) and related advance-directive documents, bring a valid photo ID, complete contact information for the people being named, and…
What does the incarcerated person need to do to sign and notarize a power of attorney while in custody? – North Carolina Short Answer In North Carolina, an incarcerated person can usually sign a (durable) power of attorney by arranging to sign it in front of a notary public—either an in-person notary visit at the…
Do you offer trust protector services for a first-party special needs trust? – North Carolina Short Answer Yes. In North Carolina, a firm can serve as (or help appoint) a trust protector for a first-party special needs trust if the trust document allows that role and spells out the protector’s powers. A first-party special needs…
Can I put a car into my trust if I’m buying it with a loan and don’t own it outright yet? – North Carolina Short Answer Sometimes, but it usually depends on whether the lender (the lienholder) will allow the trust to be listed as the owner on the North Carolina title while the loan…
How can I help an elderly parent review or update a will if their memory is inconsistent from day to day? – North Carolina Short Answer In North Carolina, an elderly parent can review or update a will as long as they have enough mental capacity at the time they sign it to understand (1)…
Do we need to formally revoke the old power of attorney and notify banks, doctors, and insurers? – North Carolina Short Answer In North Carolina, signing a new power of attorney often revokes an older one if the new document says it revokes prior powers, but that does not automatically “update” every bank, doctor, or…
Can we update an existing will and still use a trust or deed strategy so the house goes to the child without probate issues? – North Carolina Short Answer Yes. In North Carolina, a will can be updated while also using a non-probate strategy for a home, such as placing the home into a properly…
How can I change a springing power of attorney so it becomes effective immediately? – North Carolina Short Answer In North Carolina, a “springing” financial power of attorney usually cannot be safely converted to “effective immediately” by handwriting edits or informal changes. The typical solution is for the principal to sign a new durable power…
Do we still need a doctor’s letter to activate the current power of attorney if my parent has capacity and wants me to act now? – North Carolina Short Answer If the current North Carolina power of attorney is written as a “springing” document that only becomes effective after incapacity, then a doctor’s written determination…