I need to file a power of attorney for someone in NC - can I do this
myself through the courts or do I have to use an attorney? What is the
procedure?

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Request for Question Clarification by serenata-ga on 11 Jun 2004 07:24 PDT

Hello Birkett7 ~

It would help to know the type of power of attorney you are talking
about, ie., a general power of attorney, a power of attorney with
regard to a specific event or happening or in what regard.

It would also help to know if this is one executed recently or if
you're filing it in relation to a specific matter, such as
representation in a guardianship, divorce, estate probate, minor, etc.

You probably can file, lodge or register the power of attorney
yourself, but with some further information, your chances of getting
the exact information you need to do so will be greater.

Thanks,

Serenata
Google Answers Researcher

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Request for Question Clarification by pafalafa-ga on 11 Jun 2004 08:19 PDT

You can find do-it-yourself Power of Attorney forms for North Carolina
at this site:

http://secure.uslegalforms.com/cgi-bin/forms/query.pl?S-C-NC-B-power~attorney|pictures

At each form, there are additional links for additional "Information"
and to "Preview" the form.

Is this the type of thing you're looking for?

pafalafa-ga

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Clarification of Question by birkett7-ga on 11 Jun 2004 10:05 PDT

I'm a personal assistant and my boss wants to make me have power of
attorney with him, so I can do things on his behalf (i.e., talk to his
bank, his doctor, his landlords, etc.  So he is able to physically and
mentally control his life (and he will continue to do so), but in case
I ever need to do something for him, and he's no around, for example,
i need something that authorizes me to speak/act on his behalf.  Does
that help?

A

Hi again, Birkett ~

Please remember that the answers given here are no substitute for
legal advice, and should not be construed as legal advice. Please read
the disclaimer at the bottom of this page.

The simple answer to your question is yes, you can prepare your own -
or better yet, you can buy at your local stationery store (Staples,
Office Max, Office Depot, etc.) a General Durable Power of Attorney
which will conform to the North Carolina General Statutes.

If you wish to draft your own, the statutory requirements and contents
are included in the NC statutes, here:
   - http://www.ncleg.net/Statutes/GeneralStatutes/HTML/BySection/Chapter_32A/GS_32A-1.html

Note that it needs to be signed by your boss before a Notary Public.

Whether or not your boss is incapacitated or incompetent, it can be
registered with the court. That statute is here,
   - http://www.ncleg.net/Statutes/GeneralStatutes/HTML/BySection/Chapter_32A/GS_32A-9.html


And it can be revoked according to statute, those rules are here,
   - http://www.ncleg.net/Statutes/GeneralStatutes/HTML/BySection/Chapter_32A/GS_32A-13.html


A good lay (non-lawyer) source of information can be found on the NC
State website here,
   - http://www.ces.ncsu.edu/depts/fcs/estates/dpoa.html

Even though this explanation is in conjunction with the Elderly Law
the provisions are generally true for the circumstances you describe
in your clarification.

If you choose to purchase the form from a stationer, the same
information, including how to register with the power of attorney with
the court, etc., is included with the form.

If you both are not familiar with the responsibilities and possible
consequences of such a power of attorney, you should consult with an
attorney before you execute it.


Search terms used ~
=====================

   * NC statutes: power of attorney
   * NC power of attorney


I trust this addresses your question.

Regards,

Serenata
Google Answers Researcher