A
power of attorney for finances allows you to legally appoint and empower
someone else to handle certain matters on your behalf. The extent of these
powers is entirely up to you, but many couples chose to have all powers
authorized. In the case of unmarried or same-sex couples, this becomes a
near necessity for running a household whereas for married couples it
becomes more of a convenience item unless one of them becomes very ill.
A durable power of attorney in North Carolina
allows a person to handle one, some or all of the following on your behalf:
 |
Real property transactions (land and
home) |
 |
Personal property transactions |
 |
Bond, share and commodity transactions |
 |
Banking transactions |
 |
Safe deposit transactions |
 |
Business operating transactions |
 |
Insurance transactions |
 |
Estate transactions |
 |
Personal relationships and affairs |
 |
Social Security and unemployment
transactions |
 |
Military benefits transactions |
 |
Tax matters |
 |
Employment of agents (hiring people to
work on your behalf) |
In
addition, the powers you give another person can be immediate or effective
only after you become incapacitated, or both. A power of attorney that is
active upon you becoming incapacitated is sometimes called a Springing Power
of Attorney because it "springs" into effect, and power of attorney that
remains active throughout your life is sometimes referred to as a durable
power of attorney.
While it is important to state what a power
of attorney does, it also important to dispel a few of the myths regarding
its use. First, a power of attorney is not active after a person's death.
State law provides that a power of attorney expires upon death. Second, a
power of attorney is not irreversible. You can cancel a power of attorney at
any time by putting this wish in writing, having it notarized and filing the
document in the register of deeds office in which the power of attorney
could be used. Third, a person can pick and chose among the various powers
listed above and can even tailor the power to fit a particular need. There
is no need to give someone complete power over your financial situation when
all you want to do is allow a person to make withdrawals for you at a bank.
Lastly, a family member can not override a power of attorney simply because
they are related and wish to make these decisions. In the absence of abuse
for an incapacitated person, a court is very likely to simply allow a power
of attorney agent to continue acting without appointing a different
"conservator."
Although a power of attorney is reversible
and there is no requirement to give complete authority to a person, use of a
power of attorney for finances should be considered carefully before
anything is signed.
If you are interested in obtaining a power of
attorney for finances and other documents, then please proceed to the
Questionnaire.
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Revocable Living Trust
Domestic Partnership Property Agreement
Last Will and Testament
Financial Power of Attorney
Healthcare Power of Attorney
Living Will