North Carolina General Statutes Chapter 32A Powers of Attorney

Article 1 - Statutory Short Form Power of Attorney.

N.C. Gen. Stat. § 32A-1. Statutory Short Form of General Power of Attorney
The use of the following form in the creation of a power of attorney is lawful, and, when used, it shall be construed in...
N.C. Gen. Stat. § 32A-2. Powers conferred by the Statutory Short Form Power of Attorney set out in G.S. 32A-1
The Statutory Short Form Power of Attorney set out in G.S. 32A-1 confers the following powers on the attorney-in-fact named therein: (1) Real Property...
N.C. Gen. Stat. § 32A-3. Provisions not exclusive; reference to Chapter 32B; limitations on authority
(a) The provisions of this Article are not exclusive and shall not bar the use of any other or different form of power of...
N.C. Gen. Stat. § 32A-4 through 32A-7. Reserved for future codification purposes

Article 2 - Durable Power of Attorney.

N.C. Gen. Stat. § 32A-8. Definition
A durable power of attorney is a power of attorney by which a principal designates another his attorney-in-fact in writing and the writing contains...
N.C. Gen. Stat. § 32A-9. Registered durable power of attorney not affected by incapacity or mental incompetence
(a) All acts done by an attorney-in-fact pursuant to a durable power of attorney during any period of incapacity or mental incompetence of the...
N.C. Gen. Stat. § 32A-10. Relation of attorney-in-fact to court-appointed fiduciary
(a) If, following execution of a durable power of attorney, a court of the principal's domicile appoints a conservator, guardian of the principal's person...
N.C. Gen. Stat. § 32A-11. File with clerk, records, inventories, accounts, fees, and commissions
(a) Within 30 days after registration of the power of attorney as provided in G.S. 32A-9(b), the attorney-in-fact shall file with the clerk of...
N.C. Gen. Stat. § 32A-12. Appointment, resignation, removal, and substitutions
(a) A power of attorney executed under this Article may contain any provisions, not unlawful, relating to the appointment, resignation, removal and substitution of...
N.C. Gen. Stat. § 32A-13. Revocation
(a) Every power of attorney executed pursuant to the provisions of this Article and registered in an office of the register of deeds in...
N.C. Gen. Stat. § 32A-14. Powers of attorney executed under the provisions of G.S. 47-115.1; reference to Chapter 32B; limitations on authority
(a) A power of attorney executed prior to October 1, 1988, pursuant to G.S. 47-115.1 as it existed prior to October 1, 1983, shall...

Article 2A - Authority of Attorney-In-Fact to Make Gifts and to Renounce.

N.C. Gen. Stat. § 32A-14.1. Gifts under power of attorney
(a) Except as provided in subsection (b) of this section, if any power of attorney authorizes an attorney-in-fact to do, execute, or perform any...
N.C. Gen. Stat. § 32A-14.2. Renunciation under power of attorney
(a) If any power of attorney authorizes an attorney-in-fact to do, execute, or perform any act that the principal might or could do or...
N.C. Gen. Stat. § 32A-14.3. Reserved for future codification purposes
N.C. Gen. Stat. § 32A-14.4. Reserved for future codification purposes
N.C. Gen. Stat. § 32A-14.5. Reserved for future codification purposes
N.C. Gen. Stat. § 32A-14.6. Reserved for future codification purposes
N.C. Gen. Stat. § 32A-14.7. Reserved for future codification purposes
N.C. Gen. Stat. § 32A-14.8. Reserved for future codification purposes
N.C. Gen. Stat. § 32A-14.9. Reserved for future codification purposes

Article 2B - Gifts Authorized by Court Order.

N.C. Gen. Stat. § 32A-14.10. Gifts authorized by court order
An attorney-in-fact, acting under a power of attorney that does not contain the grant of power set out in G.S. 32A-14.1 and does not...
N.C. Gen. Stat. § 32A-14.11. Appeal; stay effected by appeal
Any party in interest may appeal from the decision of the clerk to the judge of the superior court. The procedure for appeal is...
N.C. Gen. Stat. § 32A-14.12. Costs and fees
All costs and fees arising in connection with a proceeding under this Article shall be assessed the same as costs and fees are assessed...

Article 3 - Health Care Powers of Attorney.

N.C. Gen. Stat. § 32A-15. General purpose of this Article
(a) The General Assembly recognizes as a matter of public policy the fundamental right of an individual to control the decisions relating to his...
N.C. Gen. Stat. § 32A-16. Definitions
The following definitions apply in this Article: (1) Disposition of remains. - The decision to bury or cremate human remains, as human remains are...
N.C. Gen. Stat. § 32A-17. Who may make a health care power of attorney
Any person having understanding and capacity to make and communicate health care decisions, who is 18 years of age or older, may make a...
N.C. Gen. Stat. § 32A-18. Who may act as a health care attorney-in-fact
Any competent person who is not engaged in providing health care to the principal for remuneration, and who is 18 years of age or...
N.C. Gen. Stat. § 32A-19. Extent of authority; limitations of authority
(a) A principal, pursuant to a health care power of attorney, may grant to the health care agent full power and authority to make...
N.C. Gen. Stat. § 32A-20. Effectiveness and duration; revocation
(a) A health care power of attorney shall become effective when and if the physician or physicians or, in the case of mental health...
N.C. Gen. Stat. § 32A-21. Appointment, resignation, removal, and substitution
(a) A health care power of attorney may contain provisions relating to the appointment, resignation, removal and substitution of the health care agent. (b)...
N.C. Gen. Stat. § 32A-22. Relation of the health care agent to a court-appointed fiduciary and to a general attorney-in-fact
(a) If, following the execution of a health care power of attorney, a court of competent jurisdiction appoints a guardian of the person of...
N.C. Gen. Stat. § 32A-23. Article 2, Chapter 32A, not applicable
The provisions of Article 2 of this Chapter shall not be applicable to a health care power of attorney executed pursuant to this Article....
N.C. Gen. Stat. § 32A-24. Reliance on health care power of attorney; defense
(a) Any physician or other health care provider involved in the medical care of the principal may rely upon the authority of the health...
N.C. Gen. Stat. § 32A-25. Repealed by Session Laws 2007-502, s. 6(a), effective October 1, 2007
N.C. Gen. Stat. § 32A-25.1. Statutory form health care power of attorney
(a) The use of the following form in the creation of a health care power of attorney is lawful and, when used, it shall...
N.C. Gen. Stat. § 32A-26. Health care power of attorney and declaration of desire for natural death
A health care power of attorney meeting the requirements of this Article may be combined with or incorporated into a Declaration of A Desire...
N.C. Gen. Stat. § 32A-27. Health care powers of attorney executed in other jurisdictions
Notwithstanding G.S. 32A-16(3), a health care power of attorney or similar document executed in a jurisdiction other than North Carolina shall be valid as...

Article 4 - Consent to Health Care for Minor.

N.C. Gen. Stat. § 32A-28. Purpose
(a) The General Assembly recognizes as a matter of public policy the fundamental right of a parent to delegate decisions relating to health care...
N.C. Gen. Stat. § 32A-29. Definitions
As used in this Article, unless the context clearly requires otherwise, the term: (1) "Agent" means the person authorized pursuant to this Article to...
N.C. Gen. Stat. § 32A-30. Who may make an authorization to consent to health care for minor
Any custodial parent having understanding and capacity to make and communicate health care decisions who is 18 years of age or older or who...
N.C. Gen. Stat. § 32A-31. Extent and limitations of authority
(a) A custodial parent of a minor child, pursuant to an authorization to consent to health care for minor, may grant an agent full...
N.C. Gen. Stat. § 32A-32. Duration of authorization; revocation
(a) An authorization to consent to health care for minor shall be automatically revoked as follows: (1) If the authorization to consent to health...
N.C. Gen. Stat. § 32A-33. Reliance on authorization to consent to health care for minor
(a) Any physician, dentist, or other health care provider involved in the health care of a minor child may rely upon the authority of...
N.C. Gen. Stat. § 32A-34. Statutory form authorization to consent to health care for minor
The use of the following form in the creation of any authorization to consent to health care for minor is lawful and, when used,...
N.C. Gen. Stat. § 32A-35. Reserved for future codification purposes
N.C. Gen. Stat. § 32A-36. Reserved for future codification purposes
N.C. Gen. Stat. § 32A-37. Reserved for future codification purposes
N.C. Gen. Stat. § 32A-38. Reserved for future codification purposes
N.C. Gen. Stat. § 32A-39. Reserved for future codification purposes

Article 5 - Enforcement of Power of Attorney.

N.C. Gen. Stat. § 32A-40. Reliance on power of attorney
(a) Unless (i) a person has actual knowledge that a writing is not a valid power of attorney, or (ii) the action taken or...
N.C. Gen. Stat. § 32A-41. Penalty for unreasonable refusal to recognize power
(a) A person dealing with an attorney-in-fact who unreasonably refuses to accept a power of attorney shall be subject to all of the following:...
N.C. Gen. Stat. § 32A-42. Protection for third parties
(a) A person is not required to honor the attorney-in-fact's authority or to conduct business with the attorney-in-fact if the person is not otherwise...
N.C. Gen. Stat. § 32A-43. Scope of Article
This Article shall apply to all or any portion of a document executed under Article 1, Article 2, or Article 2A of this Chapter....

Last modified: March 23, 2014