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Update on Uniform Power of Attorney Act - NCGS Chapter 32C

By: Benjamin V. Ipock, Title Counsel

Not too long ago, at our July 12, 2017 CLE event in Raleigh, we gave an update and overview on the proposed North Carolina Uniform Power of Attorney Act (NCUPOAA) that had been passed by the House and Senate chambers, but not yet signed by the Governor.  Shortly after the CLE, on July 20, 2017, Governor Cooper signed the bill allowing it to become law effective January 1, 2018.  You soon will be able to find the new Uniform Power of Attorney Act in Chapter 32C of the North Carolina General Statutes.  In order to locate it now, refer to Session Law 2017-153.  The enactment of this law helps to bring North Carolina in line with about half of the states in the country which have enacted a Uniform Power of Attorney Act.

New Chapter 32C governs all aspects of the creation, interpretation, effectiveness, termination and use of powers of attorney in the State of North Carolina.  However, it does not effect healthcare powers of attorney and several other articles of Chapter 32A which remain intact.  The new chapter is comprised of four main articles:  (1) Definitions and General Provisions, (2) Authority, (3) Statutory Forms and (4) Miscellaneous Provisions.

What does this mean for you, your staff and clients?  Not much until January 1, 2018, and then a review and update of the power of attorney documents you use in your practice.  There have been significant changes to the Statutory Short Form Power of Attorney that you should be aware of if you rely on the statutory form.

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