Have you taken the time to make a North Carolina power of attorney yet? These can be valuable documents for your estate plan and can also be time savers for everyday life. The proper forms are easy to find at Legal Zoom and it can all be done without hiring a lawyer.
A North Carolina estate planning attorney would probably like to see a couple of the durable type powers of attorney in your estate plan. A North Carolina durable power of attorney stays in effect if you loose your mental capacities, allowing the person you have appointed to make medical and financial decisions for you. This type of document goes into effect immediately and stays in effect if you loose your mental abilities.
A durable power of attorney can also be made to take effect only "if" you loose your mental capacity. To do this you need a North Carolina springing durable power of attorney. These are excellent emergency documents to have if you were to ever get into an accident that left you mentally impaired for any length of time. Two documents are needed to cover all of your emergency needs, one is a medical power of attorney and the other is a financial power of attorney.
The person you grant powers to is called an attorney-in-fact. This person can be anyone you trust, including a spouse. It is very common to have a spouse listed on several different powers of attorney, and this is a very good practice, as long as you stay married. If you should ever get a divorce be sure to change all of you North Carolina power of attorney documents. They will stay in effect until you change them.
Non-durable, or normal, power of attorney documents become effective immediately but are automatically void if you ever become mentally incapacitated. A general power of attorney, with your spouse as the attorney-in-fact, is another good addition to an estate plan. This document allows your spouse to handle any important matter that may arise. Although this is usually the case without a power of attorney, it is still possible your spouses name may have been left off a title, deed or account. This type of power of attorney would allow access to these accounts and grant authority to sign titles and deeds.
Special powers of attorney are very limited in their scope of power they grant. A North Carolina vehicle power of attorney allows another individual to sell a car for you, in your absence. This individual cannot, however, sell your house or drain your bank account. To grant your child's day care provider with the power to authorize medical treatment a North Carolina power of attorney for minor children could be used. Limited powers of attorney are an excellent way of being in two places at once, as long as you assign power to a trustworthy person.
If you are now wondering how you ever got along without a North Carolina power of attorney, maybe it's time to get started.
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