Short Answer

North Carolina law does not set attorney pricing for incapacity planning. Firms often offer a flat fee for a package that includes a health care power of attorney, financial power of attorney, HIPAA release, and living will; a single medical power of attorney usually costs less. Government-related costs are limited: notarization, optional registration of health care directives, and recording fees if you need to use a financial power of attorney for real estate. Total cost depends on your needs and how the documents will be used.

Understanding the Problem

You are deciding whether to pay a flat fee for a full North Carolina incapacity planning package or a lower fee for a health care power of attorney only. In North Carolina, the core documents are a health care power of attorney (medical decisions), a financial power of attorney (money and property), a HIPAA release (access to medical information), and a living will (end-of-life preferences). Your choice affects up-front costs and how smoothly decisions can be made if your parent becomes unable to act.

Apply the Law

Under North Carolina law, these documents must follow specific signing rules to be valid. A health care power of attorney and a living will generally require two qualified adult witnesses and a notary acknowledgment. A financial power of attorney must be signed and acknowledged before a notary to be effective, and it must be recorded with the Register of Deeds if an agent will sign deeds or other real estate instruments. A HIPAA release should clearly authorize access to medical information so providers will speak with the named people.

Key Requirements

• Health care power of attorney: Principal signs in front of two qualified adult witnesses and a notary. Names an agent to make medical decisions if the principal cannot.
• Living will (advance directive): Principal signs in front of two witnesses and a notary. States end-of-life treatment choices.
• Financial power of attorney: Principal signs before a notary; agents can manage money, accounts, and property. Record it with the Register of Deeds before an agent signs any deed or other real estate document.
• HIPAA release: Identifies who can receive protected health information so providers can communicate with them when needed.
• Execution logistics: Use disinterested, qualified witnesses and an in-person notary. Temporary pandemic-era video notarization rules have expired; plan an in-person signing unless the law changes.

What the Statutes Say

• North Carolina Gen. Stat. Chapter 32C (Uniform Power of Attorney Act) – governs creation, duties, and use of financial powers of attorney.
• North Carolina Gen. Stat. Chapter 32A, Article 3 (Health Care Power of Attorney) – sets medical decision-making authority and execution rules.
• North Carolina Gen. Stat. Chapter 90, Article 23 (Right to a Natural Death) – provides for living wills and related advance directives.

Analysis

Apply the Rule to the Facts: The package quote likely covers coordinated drafting plus one witnessed-and-notarized signing for all four documents, which reduces scheduling costs and gaps in coverage. Choosing only a health care power of attorney lowers the fee now, but without a financial power of attorney your family may face delays (or even a guardianship case) to access funds, which is more burdensome and costly. If your parent owns real estate and you anticipate the agent signing deeds, factor in a one-time Register of Deeds recording fee for the financial power of attorney.

Process & Timing

1. Who files: No court filing is required. Where: Execute documents before a notary and two qualified witnesses in North Carolina; record a financial power of attorney at the county Register of Deeds if it will be used for real estate. What: Statutory-compliant forms for health care directives and a financial power of attorney; optional application to the Advance Health Care Directive Registry. When: Execute while the parent has capacity; record the financial power of attorney before any deed or real estate instrument is signed by the agent.
2. After execution, provide copies to the health care agent, primary physician, and anyone named in the HIPAA release. If recorded, obtain certified copies from the Register of Deeds; county processing times vary.
3. Maintain originals in a safe, accessible place; carry the registry wallet card (if you register). Update documents if agents change or circumstances shift.

Exceptions & Pitfalls

• Using family members or interested parties as witnesses can invalidate health care documents; use disinterested, qualified witnesses.
• Skipping the financial power of attorney can force a guardianship to access funds; that process is slower and more expensive than good planning.
• Failing to record the financial power of attorney before a real estate closing can delay or halt the transaction.
• Choosing agents without backups can lead to gaps; name alternates and tailor gifting or access powers to reduce disputes.
• Relying on expired video notarization rules can void documents; plan for in-person notarization and witnessing under current law.

Talk to a Estate Planning Attorney

If you’re dealing with whether to choose a full incapacity package or a single document 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.