If we already have financial and health‑care powers of attorney and other directives, do we still need anything besides a simple will? – North Carolina

Short Answer

Often, yes. In North Carolina, financial and health-care powers of attorney help during life, but they do not control what happens to property at death or who manages the estate after death.

A “simple will” may be enough in some families, but many people still benefit from a few additional estate-planning items (like beneficiary reviews and basic probate-avoidance tools) depending on the home, accounts, and the person’s capacity—especially when dementia is involved.

Understanding the Problem

In North Carolina estate planning, the decision is whether financial and health-care powers of attorney and other advance directives cover the full plan, or whether additional documents are still needed beyond a simple will. The key trigger is that powers of attorney generally work while the person is living and able to grant authority, while a will controls who receives probate property at death and who is in charge of the probate process. When dementia is part of the situation, the decision also turns on whether the person still has the legal capacity required to sign a will and other estate-planning documents.

Apply the Law

Under North Carolina law, a financial power of attorney and a health care power of attorney are tools for lifetime decision-making. A will becomes relevant at death, mainly to name an estate representative (executor) and direct who receives property that does not pass by contract or by survivorship. If someone cannot legally sign a will due to lack of capacity, family members may need a court process (such as guardianship) to handle ongoing decisions, because existing documents may not fully solve the problem.

Key Requirements

Separate jobs for separate documents: Powers of attorney address finances and health care during life; a will addresses probate transfers at death and appoints an executor.
Capacity matters: The person signing a will must have the level of understanding North Carolina requires at the time of signing; dementia can create challenges, and capacity can fluctuate.
Asset “title” controls: Some assets pass outside a will (for example, joint ownership with right of survivorship or named beneficiaries). A will only controls property that is part of the probate estate.

What the Statutes Say

N.C. Gen. Stat. § 32A-25.1 (Health care power of attorney) – Authorizes a statutory form health care power of attorney and explains how it becomes effective when capacity is lost.
N.C. Gen. Stat. § 90-321 (Living will / right to a natural death) – Sets out when a living will can apply, including advanced dementia, and the execution formalities for that directive.

Analysis

Apply the Rule to the Facts: The family already has financial and health-care powers of attorney and wants “only a will,” but the family member has dementia. That raises two practical issues under North Carolina planning norms: (1) whether the person currently has enough capacity to sign a will that will hold up later, and (2) whether the home and other assets will even pass under a will or instead pass by survivorship or beneficiary designations. Separately, the parent’s will leaving a home to an in-law may not match what happens if the home is jointly owned, has a survivorship deed, or is subject to a creditor claim or future long-term care planning concerns.

Process & Timing

Who signs: The person making the will (the “testator”). Where: Typically signed in a law office in North Carolina; later filed with the Clerk of Superior Court in the county where probate is opened after death. What: A properly executed will and, in many cases, a self-proving affidavit to reduce proof problems later. When: As soon as possible while capacity is clear and before a further decline in dementia symptoms.
Planning cross-check: Review how major assets are titled (home deed, bank accounts, retirement accounts, life insurance) and confirm whether beneficiary designations and survivorship settings match the will’s plan. If they do not match, the will may not achieve the intended result.
After death: The nominated executor applies to the Clerk of Superior Court to open the estate and receive authority to act. The will primarily controls probate property and administration steps, not assets that pass outside probate.

Exceptions & Pitfalls

Assuming a power of attorney replaces a will: A financial power of attorney usually ends at death, so it cannot transfer property after death or run the probate estate.
Overlooking non-probate transfers: Beneficiary designations and survivorship ownership can override a will, which can unintentionally disinherit someone or defeat the intended plan.
Dementia and execution problems: A will signed when capacity is questionable can trigger challenges later. Good planning often includes careful execution procedures, witness selection, and documentation of the signing process.
Gaps not covered by directives: Health-care directives can guide medical decisions, but they do not appoint an executor, name guardians for minor children, or address what happens to probate assets.
Needing a court process anyway: If capacity is already too impaired, families sometimes must pursue guardianship through the Clerk of Superior Court to manage decisions, even if older documents exist or third parties refuse to honor them.

Conclusion

In North Carolina, powers of attorney and advance directives mainly protect decision-making during life, while a will controls probate property at death and names the executor. A simple will may be enough for some families, but it often does not address beneficiary designations, survivorship ownership, or capacity concerns when dementia is present. The practical next step is to have the person evaluated for will-signing capacity and, if appropriate, sign a properly executed will promptly while capacity is still clear.

Talk to a Estate Planning Attorney

If you’re dealing with dementia, existing powers of attorney, and uncertainty about whether a simple will is enough, our firm has experienced attorneys who can help clarify what documents matter in North Carolina and what timelines to watch. 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.