Short Answer

Yes. In North Carolina, you can revoke a current financial power of attorney and sign a new one naming a different agent at any time while you have capacity. Your spouse’s death does not, by itself, change your existing document; if you named a successor agent, that person may now serve. To update, sign and notarize a new power of attorney, and if the old one was recorded for real estate use, record your revocation and the new document.

Understanding the Problem

North Carolina: As the principal, can you change the agent on your financial power of attorney after your spouse’s death? You want to name a new person now and understand how to sign and put the change in effect. One salient fact: your spouse, who was your agent, has passed away.

Apply the Law

Under North Carolina’s Uniform Power of Attorney Act, a financial power of attorney (often called a durable power of attorney) remains effective unless revoked, and you may replace your agent by executing a new document while you have capacity. If your named agent dies, their authority ends; a named successor agent can step in. If no successor is named, you should execute a new power of attorney. No court filing is required, but if the prior power of attorney was recorded for real estate, you should record the revocation and the new document with the Register of Deeds.

Key Requirements

• Capacity to act: You must understand what you are signing to revoke an old power of attorney and execute a new one.
• Proper execution: Sign your new financial power of attorney and acknowledge it before a North Carolina notary public.
• Address the old document: Revoke the prior power of attorney in writing, notify institutions that relied on it, and if it was recorded, record the revocation and proof of notice with the Register of Deeds.
• Successor agents: If your power of attorney names a successor, that person may serve automatically upon the prior agent’s death; otherwise, execute a new document.
• Divorce vs. death: Divorce from a spouse-agent can automatically terminate that agent’s authority unless your document says otherwise; a spouse’s death ends only that agent’s authority, not the document itself.

What the Statutes Say

• North Carolina Gen. Stat. § 32C-1-104 (Durability of power of attorney) – A power of attorney is durable unless it says it ends at incapacity.
• North Carolina Gen. Stat. § 32C-1-110 (Termination; revocation; divorce; recording) – Explains how agent authority ends, how to revoke, and recording rules.
• North Carolina Gen. Stat. § 32C-1-108 (Guardian and agent) – A court‑appointed guardian can amend or revoke a power of attorney.
• North Carolina Gen. Stat. § 32C-1-114 (Agent’s duties and accountings) – Sets out fiduciary duties and when accountings may be required.

Analysis

Apply the Rule to the Facts: Because your spouse (your agent) has died, their authority ended, but your power of attorney document did not change on its own. If your current power of attorney names a successor agent, that person may act now. If it does not, you should revoke the old document and execute a new, notarized North Carolina financial power of attorney naming a new agent and backup.

Process & Timing

1. Who files: You (the principal). Where: Sign before a North Carolina notary public; record with the Register of Deeds only if the prior or new power of attorney will be used for real estate. What: A new North Carolina financial power of attorney and a written revocation of the old one. When: Do this promptly so banks and others can rely on the updated authority.
2. Provide copies of the new power of attorney (and revocation) to your financial institutions and advisors. If the prior power of attorney was recorded, record the revocation with proof of service/notice and record the new power of attorney in the same county.
3. Keep originals in a safe place and tell your new agent where the documents are; expect institutions to take a few days to update their records.

Exceptions & Pitfalls

• If capacity is in doubt, a court‑appointed guardian of the estate could amend or revoke your power of attorney; act early while you can make your own changes.
• Failing to revoke or record properly: if a prior power of attorney was recorded for real estate, record the revocation and the new document with the Register of Deeds to avoid reliance on the old one.
• Third‑party acceptance: some banks require their own forms; provide the new document and be prepared to complete institution‑specific certifications.
• Remote signing: North Carolina requires notarization; remote notarization procedures have changed over time, so confirm current options with a North Carolina notary. A mobile notary is often the simplest solution.

Talk to a Estate Planning Attorney

If you’re updating a financial power of attorney after a spouse’s death and want clear steps, timelines, and proper execution, our firm has experienced attorneys who can help you understand your options and documents. Call us today.

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.