Short Answer

In North Carolina, bring a current government-issued photo ID for the signer, full legal names and contact information for your chosen decision-makers (and alternates), and any prior powers of attorney or advance directives. A financial power of attorney must be signed and notarized. A health care power of attorney and a living will each require the signer’s signature in front of two qualified adult witnesses plus a notary. Plan for an in-person signing; pandemic-era video notarization has expired.

Understanding the Problem

You want to know what to bring to set up a North Carolina financial power of attorney, health care power of attorney, living will, and a HIPAA release. You’re acting because your spouse is caring for a relative who recently moved to North Carolina and is still mentally competent. The core decision is: what do you need in hand so these documents can be prepared and properly signed under North Carolina law?

Apply the Law

North Carolina law sets formal signing rules for each document. The “principal” (the person granting authority) must have capacity at signing. A financial power of attorney must be signed and acknowledged before a notary. A health care power of attorney and a living will must be signed in the presence of two qualified adult witnesses and acknowledged before a notary. These are typically completed in a law office or another location with a North Carolina notary; court filing is not required. If the agent will sign real estate documents, the financial power of attorney should be recorded with the Register of Deeds before use.

Key Requirements

• Capacity at signing: The principal must understand what they are signing and who they are appointing.
• Valid ID: Bring a current government-issued photo ID for the principal so the notary can verify identity.
• Financial POA notarization: The principal must sign before a notary public; no witnesses are required for this document.
• Health care POA formalities: The principal signs in front of two qualified adult witnesses and a notary. Witnesses should not be related, entitled to the principal’s estate, or involved in the principal’s medical care.
• Living will formalities: Same witness and notary requirements as the health care POA.
• Physical presence: Expect in-person notarization and witnessing. Temporary COVID video notarization rules have expired; procedures can change, but in-person signing remains the safest route.
• Real estate use: If the agent may sign deeds, record the financial POA with the county Register of Deeds before the deed is recorded.

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. § 90-321 (Right to a Natural Death) – Sets requirements for a living will (advance directive), including witnesses and notarization.

Analysis

Apply the Rule to the Facts: Your relative is currently competent, so you can proceed now. For the financial POA, we will prepare the document and have the principal sign before a notary using a valid photo ID. For the health care POA and living will, we will arrange two qualified adult witnesses plus a notary for the signing. Because the relative recently moved, residency status does not prevent signing; physical presence for notarization and witnessing is what matters.

Process & Timing

1. Who files: No court filing is needed. Where: Sign before a North Carolina notary (often at our law office). What: Financial Power of Attorney (Chapter 32C form), Health Care Power of Attorney, Advance Directive for a Natural Death (Living Will), and a HIPAA release. When: As soon as the principal is available and competent; most clients complete drafting and signing within days.
2. We schedule an in-person signing and provide two qualified witnesses for the health care POA and living will. The signing meeting often takes 30–60 minutes, depending on questions and the number of documents.
3. After signing, we provide originals for safekeeping and copies for agents and physicians. If real estate is involved, we record the financial POA with the county Register of Deeds before the agent signs any deed.

Exceptions & Pitfalls

• Witness eligibility: Don’t use a relative, a beneficiary, or a health care provider as a witness for the health care POA or living will.
• Relying on video notarization: North Carolina’s emergency video notarization ended; plan to appear in person unless current law clearly allows otherwise.
• Bank forms: Some banks prefer their own POA forms. Keep your general financial POA and be prepared to sign bank-specific forms if needed.
• Real estate: If an agent will sign a deed, record the financial POA with the Register of Deeds before recording the deed.
• Old documents: Bring prior POAs and directives so we can revoke or replace them cleanly and avoid conflicts.

Talk to a Estate Planning Attorney

If you’re dealing with setting up a North Carolina power of attorney and living will for a loved one, 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.