Short Answer

Yes. In North Carolina, you typically use two separate documents: a durable power of attorney for finances (under Chapter 32C) and a health care power of attorney (under Chapter 32A). The financial power of attorney must be signed and notarized; witnesses are not required. The health care power of attorney must be signed before two qualified adult witnesses and a notary.

Understanding the Problem

You want to know whether North Carolina requires separate paperwork for financial and medical decision-making and how to correctly sign each. You are helping a competent aunt prepare both a general durable power of attorney for finances and a health care power of attorney. The goal is to ensure each document is properly executed so the chosen agents can act when needed.

Apply the Law

North Carolina law treats financial and medical decision-making under different statutes. A financial (durable) power of attorney governs money, property, and legal/financial transactions and is generally durable by default unless the document says otherwise. A health care power of attorney allows a named health care agent to make medical decisions as the document permits, often when the principal cannot make or communicate informed decisions. Execution formalities differ: financial POAs require notarization; health care POAs require two qualified witnesses plus a notary. Disputes or questions about an agent’s authority can be brought before the Clerk of Superior Court.

Key Requirements

• Separate documents: Use a durable power of attorney for finances and a health care power of attorney for medical decisions.
• Execution—Financial POA: Principal signs and acknowledges before a notary; witnesses are not required.
• Execution—Health Care POA: Principal signs in front of two qualified adult witnesses and a notary.
• When authority begins: A financial POA is effective when signed unless the document says it “springs” later; a health care POA typically activates as the document specifies (often upon incapacity).
• Real estate tip: If an agent will sign deeds, the financial POA may need to be recorded with the Register of Deeds before or with the real estate instrument.
• Guardianship interplay: A court‑appointed guardian of the estate can revoke or amend a financial POA; suspending a health care agent’s authority requires a court order after notice.

What the Statutes Say

• N.C. Gen. Stat. § 32C-1-105 (Execution of power of attorney) – Requires signing and notarization for a financial power of attorney.
• N.C. Gen. Stat. § 32C-1-104 (Durability) – Financial powers are durable unless the document says otherwise.
• N.C. Gen. Stat. Chapter 32A, Article 3 (Health Care Power of Attorney) – Governs health care powers, including execution and agent authority.
• N.C. Gen. Stat. § 32A-22 (Health care agent vs. guardian) – A guardian of the person must obtain a court order to suspend a health care agent’s authority.

Analysis

Apply the Rule to the Facts: Because your aunt is competent, she can sign both documents now. Use one form for finances (signed and notarized) and a separate health care form (signed with two qualified witnesses and a notary). Your note that “no witness is required” applies to the financial document only; the health care document needs witnesses. Decide whether the financial POA should be immediate or springing, and include clear instructions in the text.

Process & Timing

1. Who files: No filing is required. Where: Execute the financial POA before a notary; execute the health care POA before two qualified adult witnesses and a notary. What: Use North Carolina statutory forms or attorney‑drafted documents. When: Sign while the principal has capacity; a financial POA is effective at signing unless the document says otherwise.
2. Provide copies: Give the financial POA to the financial agent and institutions as needed; give the health care POA to the health care agent and the principal’s doctors. If the financial agent will handle real estate, record the POA with the Register of Deeds before or with any deed. County recording practices can vary.
3. Store and update: Keep originals in a safe, accessible place; consider periodic updates. If circumstances change (for example, divorce from an agent‑spouse), review and, if needed, revoke and replace the document.

Exceptions & Pitfalls

• Using one combined form for everything—North Carolina practice uses separate documents for finances and health care.
• Missing formalities—no witnesses on the health care POA, or using disqualified witnesses (for example, certain health care providers or interested persons).
• Ambiguous “springing” language—if you want the financial POA to start later, specify how incapacity is determined to avoid delays.
• Real estate oversight—not recording a financial POA when the agent must sign deeds.
• Guardianship changes—if a guardian is appointed, the guardian of the estate can revoke or amend a financial POA; suspending a health care agent requires a court order after notice.
• Privacy gaps—pair the health care POA with a HIPAA release so your agent can access medical information.

Talk to a Estate Planning Attorney

If you’re dealing with setting up separate financial and medical powers of attorney in North Carolina, 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.