How can my spouse and I update our wills together? – North Carolina Short Answer In North Carolina, each spouse must sign a separate will or codicil. To update, you can either execute new wills that revoke the old ones or sign codicils that amend specific parts. A valid will requires your signature and the…
What steps are needed to draft a medical and financial power of attorney for someone in the hospital? – North Carolina Short Answer In North Carolina, the hospitalized adult—not the family—must sign the documents if they have capacity. A financial power of attorney must be signed and notarized; a health care power of attorney and…
How can I be appointed power of attorney for my hospitalized parent who can’t move? – North Carolina Short Answer In North Carolina, a court does not “appoint” a power of attorney—only your parent can name an agent while they still have capacity. If your parent can understand and communicate choices, a lawyer can arrange…
What happens if my parent lacks capacity to sign a power of attorney? – North Carolina Short Answer In North Carolina, a parent who lacks legal capacity cannot sign a new power of attorney. If your parent still understands what they are signing, you may be able to complete financial and medical powers of attorney…
Can I challenge a spouse’s restriction on family visitation and medical record access? – North Carolina Short Answer Yes, but the path depends on your parent’s capacity. If your parent can still understand and communicate choices, they can immediately sign a health care power of attorney, a HIPAA release, and a living will to authorize…
How do I enforce a HIPAA release when a spouse is denying hospital information? – North Carolina Short Answer In North Carolina, if the patient has capacity, the patient—not the spouse—controls who may receive medical information. A signed HIPAA authorization or a Health Care Power of Attorney (with disclosure language) should be honored by the…
How can I set up a living trust to protect my parent’s home and retirement accounts? – North Carolina Short Answer In North Carolina, you create a revocable living trust, name a trustee, and transfer (retitle) the home and non-retirement accounts into the trust. Retirement accounts generally stay in your parent’s name; you update their…
Do we need a financial power of attorney and a medical power of attorney alongside a living trust? – North Carolina Short Answer Yes. In North Carolina, a revocable living trust manages only assets titled to the trust and does not authorize anyone to act for you personally. A durable financial power of attorney lets…
How do I fund a living trust by retitling real estate and bank accounts? – North Carolina Short Answer In North Carolina, you fund a revocable living trust by transferring legal title of assets to the trustee of the trust. For real estate, you sign and record a new deed conveying the property to the…
What are the steps to update my existing will? – North Carolina Short Answer In North Carolina, you update a will by signing either a codicil (an amendment) or a new will that expressly revokes all prior wills. Either way, you must sign in front of two competent witnesses, and they must sign in your…