Chapel Hill Power of Attorney
A Power of Attorney is an extremely useful, and common, estate planning document. Although most people are familiar with the overall concept of a Power of Attorney, it is important to have a clear understanding of the authority granted in a Power of Attorney whether you are the one granting that authority or using that authority. At Clarity Legal Group we look forward to helping you create the right type of Power of Attorney for your needs as well as explaining the power granted to you as an Agent in a Power of Attorney created by someone else.
A Power of Attorney is an extremely useful, and common, estate planning document. Although most people are familiar with the overall concept of a Power of Attorney, it is important to have a clear understanding of the authority granted in a Power of Attorney whether you are the one granting that authority or using that authority. At Clarity Legal Group we look forward to helping you create the right type of Power of Attorney for your needs as well as explaining the power granted to you as an Agent in a Power of Attorney created by someone else.
Should I Include a Power of Attorney in My Estate Plan?
A Power of Attorney is a legal document that allows the person executing the document (known as the “Principal”) to grant another person (the “Agent”) the legal authority to act on behalf of the Principal in legal matters. North Carolina law requires third-parties to honor the authority granted in a Power of Attorney and provides enforcement penalties for a third-party’s refusal to do so.
The extent of the legal authority granted to an Agent in a Power of Attorney (POA) will depend on whether the POA is a general POA or a limited POA.
General Power of Attorney
In a general Power of Attorney, the Principal grants the Agent almost unlimited authority to act on behalf of the Principal. Unless the Power of Attorney document states otherwise, an Agent’s authority is only limited by law under a general Power of Attorney.
Limited Power of Attorney
A limited Power of Attorney, as the name implies, only grants the Agent the limited authority as enumerated in the POA document. The parent of a minor child, for example, might name a caregiver as the Agent in a limited POA and grant the caregiver the limited authority to consent to medical treatment for the child in case of emergency.
Durable Power of Attorney
Because a traditional Power of Attorney terminated upon the death or incapacity of the Principal, the concept of a durable Power of Attorney evolved. A durable POA only terminated upon the death of the Principal, meaning that the Agent’s authority survives the incapacity of the Principal. In North Carolina, a Power of Attorney is presumed to be durable unless the document specifically states that it terminated upon the incapacity of the Principal.
Do I Need a Separate Healthcare Power of Attorney in North Carolina?
One of the legal limitations of a general Power of Attorney is the authority to make healthcare decisions for the Principal. If you want to give someone that authority, you must execute a Healthcare Power of Attorney which is a type of advance directive. An Agent’s authority under a North Carolina Healthcare Power of Attorney activates when a physician determines that you cannot make or communicate decisions for yourself because of your incapacity. The other type of advance directive that is commonly included in an estate plan is a Living Will. A Living Will allows you to make critical healthcare decisions for yourself now in case you are unable to make them in the future.
Live near Chapel Hill and Need a Power of Attorney?
The estate planning attorneys at Clarity Legal Group look forward to helping you incorporate a Power of Attorney into your overall estate plan. Contact our office today by calling 919-484-0012 or filling out our online contact form.
