Legislation
State: North Carolina
Signed: July 20, 2017
Effective: January 01, 2018
Chapter: 2017-153
SummaryNorth Carolina enacts the Uniform Power of Attorney Act (UPOAA), allowing a principal to sign a power of attorney or direct another person to sign the power of attorney in the principal's conscious presence, requiring a power of attorney to be signed before a Notary or notarial officer, granting an acknowledged power of attorney a presumption of genuineness, and providing a statutory power of attorney form.
AffectsCreates new Chapter 32C in the North Carolina General Statutes.
Changes - Requires a power of attorney to be signed by the principal or in the principal’s conscious presence by another individual directed by the principal to sign the principal’s name.
- Allows a power of attorney to be electronically signed.
- Provides that the Act applies to all powers of attorney except: (a) a power to the extent it is coupled with an interest of the agent in the subject of the power, including a power given to or for the benefit of a creditor in connection with a credit transaction; (b) a power to make health care decisions; (c) a proxy or other delegation to exercise voting rights or management rights with respect to an entity; or (d) a power created on a form prescribed by a government or governmental subdivision, agency, or instrumentality for a governmental purpose.
- Requires a power of attorney to be acknowledged before a Notary or other individual authorized by law to take acknowledgments.
- Provides that a power of attorney acknowledged before a notarial officer is presumed to be genuine.
- Provides that except as otherwise provided by law, a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original.
- Provides a power of attorney form.
AnalysisNorth Carolina adopts the Uniform Power of Attorney Act published by the Uniform Law Commission. The Act requires a power of attorney to be acknowledged before a Notary Public, and grants a presumption of genuineness to any power of attorney that is. Notaries should take note that the Act also permits a power of attorney to be signed by another person in the principal’s conscious presence if the person is directed to sign by the principal and signs in front of the Notary. In line with other states that have adopted the Act, Utah’s enactment permits a power of attorney to be electronically signed, and by inference, electronically notarized.
Read Senate Bill 569.