[NC] How do I legally create a power of attorney for my aunt that will be honored across multiple states?
Also, is there a standard durable POA that will work in any state? I'm currently using one for NC.
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As long as she is able to understand, the POA could be executed. She will however, have to make her mark (such as an "x") in front of a notary so that they are able to validate the signature (NC Gen Stat § 32C-1-105).
Generally, as long as the POA is validly executed in one state, it will be recognized by most other states.
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Hello, my aunt had a stroke and can barely write. Can we type the initials in the corresponding spots as long as she signs the POA as best as possible? She is aware and alert.
I'm sorry to hear about your aunt's stroke. Can you clarify if you're asking if it's legally acceptable to type the initials in the corresponding spots on a Power of Attorney document as long as she signs it as best as she can?
Yes.
Are you looking for guidance on how to proceed with the Power of Attorney given your aunt’s current condition?
Not really unless recommended. We are just trying to make it as easy for her as possible, but remaining legal.
Is there anything else the Lawyer should know before I connect you? Rest assured they’ll be able to help with your situation.
Not sure, but now that I think about it, a little guidance would help. I know you can't give legal advice.
Hi there! Welcome to AskaLawyer. My name is Liz and I’ve been an attorney for more than a decade, and I am here to assist with your concerns.
So I can best help, does your aunt have any mental disability from the stroke?
No. Just speech and cognitive.
Thank you for clarifying. Your aunt is thus able to understand what she is signing?
Yes she does. She can speak but gets worn out. They are still working on her with swallowing. She still has her personality and is getting better every day with PT.
As long as she is able to understand, the POA could be executed. She will however, have to make her mark (such as an "x") in front of a notary so that they are able to validate the signature (NC Gen Stat § 32C-1-105).
Generally, as long as the POA is validly executed in one state, it will be recognized by most other states.
So in the areas where she needs to initial, can those be typed in?
She would usually need to try and make some mark such as an “X,” so that it is acknowledged.
Ok. Great. Can I ask, her brother is the agent and since he is up in age, his son is 2nd agent. Is the NC POA executable in any state, for instance Georgia, since that is where they both live? However, my father is temporarily staying in NC to help take care of her.
In case she has to be moved to Georgia?
The POA could be used in GA, or she could execute a GA one in front of a GA notary.
She is currently housed in rehabilitation in NC where she lives.
Is NC her normal residence?
Yes. In other words, is there a standard durable POA that will work in any state? I'm currently using one for NC.
There isn't a standard POA good in all states, but most states will honor a properly executed one from another state.
Awesome. Thank you so much for your help today. Sorry for all the delays.
Oh no worries, I'm here all day. Our chat is also open 7 days for follow-ups. Is there anything else I can assist with?
No. We just need to be able to pay her finances and make medical decisions mostly until she has recovered. But in case something happens in the future, this should still be sufficient, correct? Or do you recommend any other documents? We didn’t want to do the guardianship.
Quick question—It asks about guardianship in the POA. If that is checked, does it automatically start that process with the courts?
If you want to avoid guardianship, she could include that the POA can be used in other states. The checking of the guardianship box would not start the court process.
Oh and that would be added in the other requests section? I would also leave the box unchecked as well... correct?
You would leave which box unchecked? And that does go in other requests yes.
The guardianship box unchecked?
Oh, you can leave it unchecked, yes.
Thank you again. I’ll reach out again if I have any additional questions. It was a pleasure chatting with you.
You're very welcome! I hope I was able to help with your situation! If you have any other questions, feel free to ask.
https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_32a/gs_32a-25.1.html is the link to the statutory health care power of attorney form. I also sent it in the other chat.
So I need to add this document to the POA or is there a POA that includes all?
This has to be an addition to the durable POA?
That's correct.
I’m sorry. I thought the durable POA included medical POA as well. There isn’t a POA that has financial and medical together since her ability to sign is very limited?
NC wants them to be separate.
Ok. Thank you.
You're welcome.
How would Ii state that the POA will be binding in other states per your suggestion?
For example, it could state that the POA is meant to be effective in all states of the United States.
To add in the POA?
Correct.
I’m sorry I don’t understand how to construct the sentence to add “POA can be used, recognized or acknowledged in other states” into the current POA? e.g. “The agent can execute POA in other states...”
"Principal intends for this document to be valid throughout the United States and its territories."
