Dec242025
Estate Planning Q&A Series

If my relative is traveling with me, do I still need to use the power of attorney for transactions abroad? – North Carolina

Short Answer

In North Carolina, a power of attorney (POA) is usually only needed when an agent must sign or act instead of the principal. If the relative (the principal) is traveling and remains mentally able to handle matters, they can generally sign and authorize transactions directly without using the POA. However, many overseas banks, government offices, and real estate offices may still require a POA (often with translation and authentication) if they will not accept a U.S.-style signature or if the principal cannot appear in person.

Understanding the Problem

In North Carolina estate planning, the question is whether an agent must rely on a power of attorney to handle financial or estate-related transactions in another country when the principal is traveling alongside the agent. The decision point is whether the principal can complete the transaction personally, or whether the transaction requires the agent to sign documents, access accounts, or give instructions on the principal’s behalf. Timing often matters because urgent transactions during travel can require quick proof of authority, and foreign institutions may have their own form and authentication requirements before they will recognize an agent’s role.

Apply the Law

Under North Carolina law, a power of attorney is a document that authorizes an “agent” to act for a “principal.” If the principal is available and has capacity, the principal can usually act directly, which means the agent does not need to invoke the POA for that specific task. When an agent must sign or complete a transaction for the principal—especially documents affecting real property—North Carolina practice commonly requires proof of the agent’s authority and may require the POA to be recorded in the appropriate register of deeds office before a real estate transfer will be accepted for recording.

Key Requirements

  • Principal capacity and availability: If the principal can understand the transaction and is able to sign or direct it personally, the POA often does not need to be used for that transaction.
  • Agent authority for the specific act: If the agent must act, the POA must actually grant the needed power (for example, signing contracts, handling bank matters, or transferring real estate).
  • Acceptance requirements for the forum: Even when the POA is valid in North Carolina, the foreign country’s bank, notary, land office, or government agency may require extra steps (such as notarization, translation, and authentication) before they accept it.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, two family members were named as agents under a North Carolina POA, and the family is traveling abroad after a death with a need to manage possible financial and estate-related tasks. If the relative who signed the POA is traveling and has capacity, the relative can usually sign documents, give bank instructions, and make decisions directly, which reduces the need to use the POA. If a foreign institution will not work with the principal’s direct signature, or if the principal cannot appear or cannot act, the agents may need to present the POA and satisfy the foreign country’s proof requirements before the institution will accept the agent’s authority.

Process & Timing

  1. Who prepares: The agent(s) and, ideally, a North Carolina estate planning attorney coordinating with foreign counsel or a foreign consulate as needed. Where: For North Carolina real estate authority, the Register of Deeds in the county where the principal is domiciled or where the property lies. What: The signed POA (or a certified copy) and any recording request; for foreign use, a certified copy plus any translation/authentication requested by the foreign institution. When: For North Carolina real property transfers by an agent, record the POA before the agent signs a deed, or record afterward as allowed by statute when the agent already had authority.
  2. Confirm the foreign acceptance rules early: Many foreign banks and land offices will not accept a U.S. POA “as-is.” They may require a certified copy, a sworn translation, and authentication (often an apostille or consular legalization), and they may require the principal to sign local forms even if a POA exists.
  3. Complete the transaction in the required format: If the agent must sign, use signature and acknowledgment formats that match the receiving office’s requirements. For North Carolina instruments executed by an agent (like a deed affecting North Carolina real estate), ensure the signing and acknowledgment follow North Carolina recording rules and that the deed references where the POA is recorded.

Exceptions & Pitfalls

  • Foreign institutions can refuse without extra formalities: A POA that works in North Carolina may still be rejected abroad unless it is translated and authenticated in the way the foreign country requires.
  • “Same trip” does not guarantee availability: Even if the principal is traveling with the agent, illness, hospitalization, lack of local identification, or inability to appear at a specific office can force reliance on the POA.
  • Real estate recording issues in North Carolina: If a North Carolina deed is signed by an agent, problems often arise when the POA is not recorded in the correct Register of Deeds office or when the deed fails to reference the POA recording details.
  • Capacity changes the analysis: If the principal lacks capacity, the principal cannot “just sign instead,” and the agent may need to act under the POA (or another legal process may be needed depending on the situation).

Conclusion

In North Carolina, a power of attorney is typically used only when an agent must act in place of the principal. If the relative is traveling and can understand and sign the transaction, the relative can usually handle the transaction directly without using the POA. If an agent must sign—especially for a North Carolina real estate transaction—the POA may need to be recorded with the Register of Deeds first, and foreign institutions may require translation and authentication before acceptance. Next step: confirm the receiving institution’s required form and authentication before travel.

Talk to a Estate Planning Attorney

If a family needs to use a North Carolina power of attorney during international travel and is concerned about foreign acceptance, translation, or recording requirements, our firm has experienced attorneys who can help clarify 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.

Category: Estate Planning Q&A Series

Author: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.