Short Answer

Yes. In North Carolina, you can sign and notarize a power of attorney in the hospital. A financial (durable) power of attorney must be signed by you and acknowledged by a notary you personally appear before. A health care power of attorney requires your signature, two qualified adult witnesses, and a notary. Remote “video” notarization used during the pandemic has expired, so plan for an in-person notary and original signatures.

Understanding the Problem

You’re in a North Carolina hospital and need a valid power of attorney so an agent can manage your personal and financial matters now. You want to know if you must wait until you go home, especially because paperwork may be faxed to a billing department before the final, notarized power of attorney is provided.

Apply the Law

North Carolina allows you to execute a power of attorney anywhere in the state, including a hospital room, as long as the legal formalities are met. For a financial power of attorney, your signature must be acknowledged before a notary. For a health care power of attorney, you must sign in the presence of two qualified adult witnesses and a notary. Notarization generally requires your personal, in‑person appearance and original, wet‑ink signatures.

Key Requirements

• Capacity and voluntariness: You must understand what you’re signing and act of your own free will.
• Personal appearance before a notary: For notarization, you must physically appear before a North Carolina notary with satisfactory ID.
• Financial POA formalities: Your signature must be acknowledged by a notary; if you cannot sign, another person may sign for you in your conscious presence at your direction.
• Health care POA formalities: Requires two qualified adult witnesses plus a notary; certain people (like your agent or some health care staff directly involved in your care) cannot serve as witnesses.
• Original documents: Notaries notarize originals, not faxes or photocopies; emergency video notarization authority ended in 2021.
• Real estate note: If the agent will sign deeds, the POA typically must be recorded with the Register of Deeds before use.

What the Statutes Say

• N.C. Gen. Stat. § 32C-1-105 (Execution of power of attorney) – Requires the principal’s signature acknowledged before a notary; allows signing by another at the principal’s direction in the principal’s conscious presence.
• N.C. Gen. Stat. § 10B-20 (Powers and limitations of notary) – Personal appearance and identification are required for notarial acts.
• N.C. Gen. Stat. § 47-28 (Instruments executed by attorney-in-fact) – Addresses recordation when a POA is used for real estate transactions.

Analysis

Apply the Rule to the Facts: Because you’re hospitalized in North Carolina and need someone to handle bills and other tasks now, you do not have to wait to go home. Arrange for an in‑person notary to meet you at the hospital and execute the appropriate POA. If it’s a financial POA, you sign before the notary (or direct someone to sign for you in your conscious presence). If it’s a health care POA, line up two qualified adult witnesses plus a notary. Faxing a draft may help administrative steps, but third parties typically require the fully executed, notarized original or a certified copy before honoring your agent’s authority.

Process & Timing

1. Who files: The principal (you). Where: Your hospital room in North Carolina (anywhere you can meet with a notary). What: A North Carolina‑compliant durable financial power of attorney and/or health care power of attorney; bring photo ID; arrange two qualified adult witnesses if signing a health care POA. When: As soon as you can meet with a notary; same‑day execution is common when scheduling allows.
2. Have the notary verify your identity and witness your signature (and the witnesses’ signatures for a health care POA). Keep the original; provide copies to your agent and any institution that needs it. Some may ask to view the original or a certified copy.
3. If the agent will handle real estate, record the POA with the county Register of Deeds before using it for deeds. Expect the recording office to process within standard county timeframes.

Exceptions & Pitfalls

• If you lack capacity or are under pressure, the document can be challenged; choose a calm setting and take your time.
• For health care POAs, do not use disqualified witnesses (for example, your named agent or certain health care staff directly involved in your care).
• Notaries cannot notarize a fax or photocopy; use original, wet‑ink signatures.
• Remote video notarization used during the pandemic has expired; plan for an in‑person notary unless current law specifically allows an alternative.
• To authorize real estate transactions, record the POA before the agent signs deeds; otherwise, the closing may be delayed.

Talk to a Estate Planning Attorney

If you’re dealing with signing a power of attorney from the hospital and need it honored quickly, 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.