Short Answer

In North Carolina, you appoint a primary agent and a backup by signing two documents: a durable financial power of attorney and a health care power of attorney. You must follow the execution rules for each: the financial power of attorney must be signed and notarized; the health care power of attorney must be signed before two qualified adult witnesses and notarized. A will is separate and must be signed with two witnesses; remote video witnessing of wills is no longer allowed.

Understanding the Problem

You want to know how, under North Carolina law, you can appoint your friend to act for you and your adult child as a backup using powers of attorney, with surgery coming up soon. This concerns estate planning authority documents you sign now so your chosen people can act if you are unavailable or incapacitated.

Apply the Law

North Carolina recognizes two key tools to name decision-makers: (1) a durable financial power of attorney (for money, property, and legal matters) and (2) a health care power of attorney (for medical decisions). You can name a primary agent and a successor (backup) in each. Wills are separate; they control what happens after death and require different signing formalities. Powers of attorney typically are not filed with the court. Wills are not filed until death and must have original, wet-ink signatures to be probated with the Clerk of Superior Court.

Key Requirements

• Choose agents and order: Name your friend as primary agent and your child as successor in both the financial and medical documents.
• Financial power of attorney: Sign and acknowledge before a notary public; no witnesses are required by statute. Consider using the North Carolina statutory form.
• Health care power of attorney: Sign in the presence of two qualified adult witnesses and a notary. Some people (for example, your attending provider or certain facility staff) cannot serve as witnesses.
• Will execution: Sign your will in front of two competent witnesses, who sign in your presence. To make probate easier, add a self-proving notary certificate at signing or later.
• Remote execution limits: North Carolina’s temporary COVID-era video witnessing/notarization for wills expired; original signatures are required for probate. Remote options for notarization change over time—confirm current notary rules before scheduling.

What the Statutes Say

• North Carolina Gen. Stat. § 31-3.3 (Attested written wills) – Will must be signed by the testator and attested by two competent witnesses.
• North Carolina Gen. Stat. § 31-11.6 (Self-proved wills) – A will can be made self-proved by notarized acknowledgments and affidavits.
• Chapter 32C (Uniform Power of Attorney Act) – Governs financial powers of attorney, including execution and agent authority.
• Chapter 32A (Powers of Attorney; Health Care Powers) – Governs health care powers of attorney and execution formalities.

Analysis

Apply the Rule to the Facts: Because you have surgery soon and no documents yet, you should promptly sign a notarized durable financial power of attorney naming your friend as primary agent and your adult child as successor. You should also sign a health care power of attorney before two qualified witnesses and a notary with the same agent order. For your will, arrange an in-person signing with two witnesses (and a self-proving notary certificate) because video witnessing for wills is no longer authorized.

Process & Timing

1. Who files: No court filing is required to create powers of attorney. Where: Sign before a North Carolina notary (and witnesses for the health care document). What: Use a North Carolina durable financial power of attorney form and a North Carolina health care power of attorney form; prepare a will that names beneficiaries and an executor. When: Complete all signings before surgery; allow time to coordinate witnesses and a notary.
2. Provide copies: Give your health care power of attorney to your friend, your child, and your medical providers. Provide your financial power of attorney to your bank and advisors so they recognize your agents. Keep originals safe but accessible.
3. For your will: Conduct one signing with two witnesses present and add a self-proving notary certificate. Store the original in a safe place known to your executor; the Clerk of Superior Court will require the original after death.

Exceptions & Pitfalls

• Remote execution: North Carolina’s temporary video witnessing/notarization for wills expired; do not rely on video witnessing for a will today. Procedures for notarization can change—confirm current rules before scheduling any remote notary.
• Witness qualifications (health care power): Certain people involved in your care or with conflicts cannot witness—use neutral adult witnesses.
• Bank requirements: Some institutions prefer their own POA forms. Share your signed POA early and comply with any reasonable institution-specific steps.
• Capacity and undue influence: Sign when you are clear-headed; meet privately with the notary/witnesses; keep beneficiaries out of the room; consider a brief physician note if you anticipate challenges.
• Original signatures: For wills, original wet-ink signatures are required for probate. Keep the original safe and track where it is stored.

Talk to a Estate Planning Attorney

If you’re preparing powers of attorney and a will before surgery, our firm has experienced attorneys who can help you understand your options and timelines. 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.