Clients in need of a new power of attorney for estate planning purposes, or for real estate transactions, should be aware that their lawyers will need to comply with a new law that became effective on January 1, 2018.
As Janice Davies, an attorney at Davies Law PLLC in Charlotte wrote in a recent article published online by Lawyers Mutual,
“The North Carolina Uniform Power of Attorney Act is effective January 1, 2018. Governor Cooper signed Senate Bill 569, “An Act to Adopt the Uniform Power of Attorney Act in this State,” into law as Session Law 2017-153 on July 20, 2017. Session Law 2017-153 has no effect on health care powers of attorney and consents to health care for minors in Articles 3 and 4 of Chapter 32A of the North Carolina General Statutes. Chapter 32A is repealed by Session Law 2017-153 except for Articles 3 and 4 of Chapter 32A.
“A power of attorney is a common form of surrogate decision making that requires familiarity with agency law and the [new] Act . . . Chapter 32C of the North Carolina General Statutes is the new North Carolina Uniform Power of Attorney Act. There is a new “North Carolina Statutory Short Form Power of Attorney” in Chapter 32C effective on or after January 1, 2018. . . . North Carolina powers of attorney must be executed in accordance with Chapter 32C on or after January 1, 2018. . . .
“Powers of attorney executed before January 1, 2018 that are valid under Chapter 32A are still valid on or after January 1, 2018. However, the statutory short form general power of attorney in G.S. 32A-1 should not be executed on or after January 1, 2018. Chapter 32C does retain the powers conferred in G.S. 32A-2 for the former statutory short form set out in G.S. 32A-1 for application of the description of those powers to those statutory short forms executed before January 1, 2018.”
See the entire article at http://www.lawyersmutualnc.com/risk-management-resources/articles/are-you-aware-of-the-new-north-carolina-power-of-attorney-statute-effective-january-1-2018?
Ellinger Carr lawyers are keeping up with changes in the laws affecting our clients’ legal matters, and we can assist clients with a power of attorney (POA) suitable to their specific needs, including a new short-form POA, and a new limited POA for real estate transactions. Other changes in the new Act include automatic durability of POAs under the new form, and provide for the ability to appoint a guardian in the POA document if the principal becomes incompetent in the future.
Ellinger Carr is a business law and commercial real estate law firm based in Raleigh, North Carolina. Ellinger Carr lawyers are experienced and knowledgeable counselors, transaction leaders, and business problem solvers, admitted to practice in North Carolina, South Carolina, Florida, Louisiana, Virginia and New York. For assistance in commercial real estate, corporate law and business development matters, please call 919-785-9998 or email Susan Ellinger at sellinger@ellingercarr.com, Steven Carr at scarr@ellingercarr.com, Heather McDowell at hmcdowell@ellingercarr.com, and Sarah Goodin at sgoodin@ellingercarr.com.
