Moreover, by recording the Power of Attorney where the attorney-in-fact conducts business and not where the property is located, the attorney-in-fact can be vulnerable. This meant that sometimes a deed was produced with no way to know who had authority to act as the attorney-in-fact in relation to the property. 10B-41 contains no section pertaining to the recording information of the Power of Attorney. Also, the modern generic notary acknowledgement form in N.C. Some interpreted the quoted language above to mean that it was enough to record the NC Power of Attorney in the county where the agent did business and not in the county where the property was located. The modernization of the notary statutes spawned a clash between those statutes and the old Power of Attorney statute which allowed the agent or attorney to file the Power of Attorney in the county where the property was located, or, “if it does not relate to the conveyance of any estate or property, then in the county in which the attorney resides or the business is to be transacted.” This, in turn, spawned different interpretations of where to file a North Carolina Power of Attorney in connection with a real estate transaction. 47-28, the statute dealing with a North Carolina Power of Attorney, to both clarify the statute and address a reoccurring issue that arises, which was not previously anticipated. The North Carolina Legislature amended North Carolina Gen. I certify that the following person personally appeared before me this day, acknowledging to me that he or she signed the foregoing document: _.Below is the fourth in our multi-part series on the North Carolina Power of Attorney, which is part of a larger series on essential NC Estate Planning tools.Ī North Carolina Power of Attorney in often used in connection with a real estate transaction. The meaning and effect of this power of attorney shall for all purposes be determined by the law of the State of North Carolina. Actions taken by my agent on my behalf pursuant to this power of attorney while this power of attorney remains in effect shall continue to bind me even after my agent's authority expires.Īny person, including my agent, may rely upon the validity of this power of attorney or a copy of it unless that person knows it has terminated or is invalid. The authority of my agent to act on my behalf pursuant to this power of attorney will automatically expire on _ (or, if no date is specified, one year from the date of this power of attorney). This power of attorney is effective immediately. The authority granted to my agent pursuant to this power of attorney may be exercised by my agent even though the exercise of that authority may benefit the agent or a person to whom the agent owes an obligation of support. (3) The authority to act with respect to banks and other financial institutions as set forth in Section 32C-2-208 of the North Carolina General Statutes. (2) The authority to act with respect to tangible personal property as set forth in Section 32C-2-205 of the North Carolina General Statutes and (1) The authority to act with respect to real property as set forth in Section 32C-2-204 of the North Carolina General Statutes The authority granted to my agent pursuant to this power of attorney expressly includes the following: I grant my agent general authority to act for me with respect to the Property, all tangible personal property related to the Property, and all financial transactions relating to the Property. I, _, name the following person as my agent:įor purposes of this power of attorney, the "Property" is all of that real property located in _ County, North Carolina, and known or identified as follows: LIMITED POWER OF ATTORNEY FOR REAL PROPERTY The following form has as the meaning and effect prescribed by this Chapter: While no particular phrasing is required for a limited power of attorney for transactions involving the purchase, sale, or financing of real property or tangible personal property related to real property, the following form may be used to create a limited power of attorney for transactions involving the purchase, sale, or financing of designated real property or tangible personal property related to the designated real property. Limited power of attorney for real property.
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