Short Answer

In North Carolina, you can name both children as co-agents in a financial power of attorney and require them to act jointly by stating that instruction clearly in the document. The power must be signed and acknowledged before a notary. For real estate transactions, the power of attorney should authorize real property actions and be recorded with the Register of Deeds before a deed is recorded. Health care powers use a different statute and execution method, and joint decision-making can slow urgent care decisions.

Understanding the Problem

You want to know whether, under North Carolina law, you can set up a power of attorney that requires your two adult children to act together on your behalf. Your current documents name an agent who has passed away, and you want both children to serve going forward with co-equal, joint authority.

Apply the Law

North Carolina’s financial power of attorney law allows you to appoint co-agents and decide how they act. By default, co-agents may act independently, but you can override that by stating that both must act jointly. A financial power of attorney is durable by default (it remains effective if you later become incapacitated) and must be signed and notarized. No court filing is required to create it. If the power will be used to sign deeds or deeds of trust, it should expressly grant real estate authority and be recorded before use. If co-agents disagree or an institution questions the document, North Carolina law provides a process to ask the Clerk of Superior Court or the Superior Court to clarify authority or address misconduct.

Key Requirements

• Clear joint-action language: State that both children are co-agents and must act together for all actions (or specify exceptions).
• Proper execution: You must sign and acknowledge the financial power of attorney before a notary public.
• Effective date: Choose immediate authority or make it “springing” upon incapacity and state who determines incapacity.
• Real estate authority: Include specific real-property powers and record the power of attorney at the Register of Deeds before using it to sign real estate documents.
• Deadlock and availability: Consider a tie-breaker or allow either child to act if the other is unavailable to avoid paralysis.
• Scope limits: If you want an agent to make gifts or change beneficiary designations, grant those powers expressly and carefully.

What the Statutes Say

• North Carolina Gen. Stat. § 32C-1-105 (Execution of power of attorney) – A financial power of attorney must be signed and acknowledged before a notary.
• North Carolina Gen. Stat. § 32C-1-104 (Durability) – A power of attorney is durable unless it says otherwise.
• North Carolina Gen. Stat. § 32C-1-111 (Coagents and successor agents) – Co-agents may act independently unless the document requires joint action.
• North Carolina Gen. Stat. § 32C-1-116 (Judicial relief) – The court can resolve disputes, compel accountings, and clarify an agent’s authority.

Analysis

Apply the Rule to the Facts: Because your prior agent has died, your new financial power of attorney should name both adult children as co-agents and state that they must act jointly for all actions. Add real estate authority and plan to record the document if a deed may be signed for you. If you prefer decisions to begin only after incapacity, make the document springing and identify who certifies incapacity. For health care, you can name co-agents, but many people choose a primary and a backup to avoid delays in emergencies.

Process & Timing

1. Who files: You, the principal. Where: No court filing is needed; sign before a notary. What: A written financial power of attorney naming both children as co-agents with a “must act jointly” clause; a separate health care power of attorney uses two qualified witnesses plus a notary. When: Execute while you have capacity; springing powers take effect upon the stated incapacity trigger.
2. Deliver copies to each bank, brokerage, insurer, and annuity carrier and ask if they require their own forms. For real estate use, record the power of attorney (or a certified copy) with the Register of Deeds before the deed is recorded.
3. Store originals securely; give health care documents to your physicians and keep a wallet card so providers can reach your agents.

Exceptions & Pitfalls

• Deadlock risk: If both must sign everything, even routine banking can stall. Consider a tie-breaker or an “either may act if the other is unavailable” clause.
• Third-party acceptance: Financial institutions often require review or their own forms; provide the notarized document in advance to avoid delays.
• Real estate steps: Without express real property authority and timely recording, a deed signed by an agent may be rejected.
• “Hot” powers: Changing beneficiary designations, creating survivorship rights, or making gifts generally require explicit authorization in the document.
• Healthcare delays: Joint health care agents can slow urgent decisions; many people name one primary agent and a successor instead.

Talk to a Estate Planning Attorney

If you’re dealing with updating powers of attorney so two adult children must act together, 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.