Short Answer

In North Carolina, the person making the will must personally sign (or direct someone to sign in their presence) and have at least two competent witnesses sign in the testator’s presence. A notary is not required for validity, but using a self-proving affidavit before a notary at signing makes probate easier. A power of attorney does not allow the agent to make or sign a will for the principal, so capacity and in‑person execution at the nursing home must be planned.

Understanding the Problem

In North Carolina, can you arrange and complete a simple will for a relative in a nursing home who already has a power of attorney? The key decision is how to confirm the relative’s capacity and conduct an on‑site will‑signing with two witnesses and a notary. One important fact: the relative cannot travel and can only be reached by the nursing home phone.

Apply the Law

North Carolina recognizes attested written wills that meet formalities: the testator signs (or someone signs for the testator at their direction and in their presence), at least two competent witnesses observe and sign in the testator’s presence, and the testator signifies the document is their will. Witnesses need not sign in each other’s presence. A notary is optional for validity but is used to make the will “self‑proved” so witnesses usually aren’t needed later. The Clerk of Superior Court is the probate office; there’s no filing to create a will, though a safekeeping deposit option exists before death. Pandemic‑era remote witnessing/notarization authority has expired, so expect an in‑person ceremony.

Key Requirements

• Personal execution: The testator must sign, or direct another to sign in the testator’s presence and at the testator’s direction.
• Two competent witnesses: At least two witnesses sign in the testator’s presence; they do not have to sign together.
• Testator acknowledgment: The testator must indicate the document is their will by signing in the witnesses’ presence or acknowledging a prior signature.
• Disinterested witnesses preferred: If a witness (or their spouse) is a beneficiary, that gift can be void unless there are two other disinterested witnesses.
• Self‑proving affidavit (recommended): Have the testator and both witnesses swear before a notary using the statutory form so the will can be probated without live witness testimony.
• POA limits: An agent under a power of attorney cannot make or sign a will for the principal; capacity must be the testator’s own.

What the Statutes Say

• North Carolina Gen. Stat. § 31-3.3 (Attested written wills) – Testator signature/acknowledgment and two witnesses; presence rules.
• North Carolina Gen. Stat. § 31-11.6 (Self-proved wills) – Affidavit process before a notary to streamline probate.
• North Carolina Gen. Stat. § 31-10 (Interested witnesses) – Effect of a witness (or spouse) receiving under the will.
• North Carolina Gen. Stat. § 31-11 (Depositing will with Clerk) – Optional safekeeping of a will before death.

Analysis

Apply the Rule to the Facts: Because your relative cannot travel, plan an in‑person signing at the nursing home. First, confirm the relative’s capacity in a private phone or video intake and then again in person: they should be able to identify family, describe what they own in general terms, and say how they want it distributed. Bring two disinterested adult witnesses (for example, facility staff not named in the will) and a notary to complete a self‑proving affidavit at the same visit. Do not rely on the power of attorney to sign; the relative must sign personally (or direct a helper to sign in their presence).

Process & Timing

1. Who files: No one files a will to make it valid. Where: Execution occurs at the nursing home; probate later is with the Clerk of Superior Court in the county of the testator’s domicile. What: Finalize a typed will and attach a self‑proving affidavit that tracks the language in G.S. 31‑11.6. When: Schedule as soon as capacity is confirmed; aim to complete witnessing and notarization in one visit.
2. Coordinate with the facility to secure a quiet room, two disinterested witnesses, and time for a private capacity check. The testator signs first (or directs a helper to sign in their presence), witnesses sign in the testator’s presence, then complete the self‑proving affidavit before the notary.
3. Store the original in a safe place. Optionally, deposit the original for safekeeping with the Clerk of Superior Court under G.S. 31‑11. Provide copies to the testator and named executor; originals are needed for probate after death.

Exceptions & Pitfalls

• Power of attorney does not authorize making or signing a will. The testator must execute the will personally (or direct another to sign in their presence).
• A beneficiary (or their spouse) serving as a witness can void that gift unless there are two other disinterested witnesses. Use neutral witnesses.
• Keep beneficiaries and caregivers who may benefit out of the room during interviews and signing to avoid undue influence claims.
• Emergency video witnessing/notarization used during the pandemic has expired. Plan for in‑person signing and notarization.
• If the testator’s hand is unsteady, assistance or a mark is acceptable if it reflects their intent; document the circumstances and have clear witness testimony.
• If a challenge is likely, consider obtaining a brief physician note on capacity near the execution date and thoroughly document your private capacity conversation.
• High‑risk situations may justify a living probate proceeding to validate the will while the testator is alive; this is optional and requires a court filing.

Conclusion

To draft and sign a simple will in North Carolina when a power of attorney already exists, confirm the testator’s capacity, arrange an in‑person signing at the nursing home, have the testator sign (or direct a signer in their presence), and obtain signatures of two disinterested witnesses in the testator’s presence. Add a self‑proving affidavit before a notary to simplify probate. Next step: prepare the will and statutory self‑proving affidavit and schedule an on‑site execution with two neutral witnesses.

Talk to a Estate Planning Attorney

If you’re dealing with a nursing‑home will that needs on‑site execution with witnesses and a notary in North Carolina, our firm has experienced attorneys who can help you understand your options and timelines. Call us today to get started.

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.