North Carolina Durable Power of Attorney Form

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The North Carolina Durable Power of Attorney Form is drafted when the Principal wants their Agent to maintain their authority over the Principal’s finances even if the Principal has been diagnosed incapable of making their own decisions by a doctor. What powers these are varies from agreement to agreement, but they tend to be financial in nature, often the same as contained in a General Power of Attorney.

While most Power of Attorney agreements will terminate if the Principal and Agent are spouses and get a divorce, a Durable Power of Attorney agreement will not, at least under North Carolina state law. Therefore, if a Principal gets a divorce from their Agent, they should voluntarily revoke the agreement and, if necessary, draft a new agreement, naming a new Agent.