[NC] Can I use a durable power of attorney to manage my elderly grandmother’s affairs?

NC Estate Planning

Liz

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If your grandmother understands, then a durable power of attorney is an option. If you wanted guardianship, that would have to be filed through the probate court, and it requires that your grandmother lack competency.

A power of attorney can allow you to make decisions on her behalf. It would allow any powers listed in the power of attorney document. (NC Gen Stat § 32C-1-109)

North Carolina Durable (Statutory) Power of Attorney Form

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My grandmother is 99, and her son (my father) is her only living child. We are both on her bank account as signers. We need legal guardianship over her person and property. Is a dual power of attorney the correct form?

Lexi, Chatbot

It sounds like you’re in a challenging situation with your grandmother’s care and legal matters. Have you and your father discussed whether your grandmother is still capable of making her own decisions?

She is, and she has agreed to the changes, given her age.

Lexi, Chatbot

Are there any specific concerns or issues regarding her health or finances that you are currently facing?

She has been served civil papers, and we have no idea what they are. She is experiencing some memory loss, and we do not want her to be taken advantage of. She has lived with us since the pandemic.

Lexi, Chatbot

Is there anything else the Family Lawyer should know before I connect you? Rest assured they’ll be able to help with your guardianship concerns

No, that’s it.

Liz

Hi there! My name is Liz, and I’ve been an attorney for more than a decade. I’m here to assist with your legal concerns. To best help you, does your grandmother have the mental capacity to understand what is being signed?

Yes, she does. We have discussed it with her.

Liz

Wonderful! Since you are already on the bank account, are the civil papers related to that?

No, we don’t know what it’s about. They are transferring the papers to the county where she is now, so we can see what is going on.

Liz

Got it, thanks for explaining. Could you let me know which state you’re in?

North Carolina.

We want to be able to make decisions for her because at her age she just doesn’t understand these new terms and how things are carried out.

Liz

A power of attorney can allow you to make decisions on her behalf. It would allow any powers listed in the power of attorney document. (NC Gen Stat § 32C-1-109)

Okay! So we can have it signed at the bank?

Liz

Yes, most banks have a notary that can assist.

Okay, thanks.

Liz

You’re very welcome.

Liz

41,505 satisfied customers

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