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 Chapter 32A is repealed by Session Law 2017-153 except for Articles 3 and 4 of Chapter 32A.
All attorneys in North Carolina who prepare, review, construe, accept, or otherwise address any matter related to a power of attorney must obtain knowledge about the North Carolina Uniform Power of Attorney Act (the “Act”) and prepare to represent their clients on any matter related to a power of attorney on or after January 1, 2018 in accordance with the Act. A power of attorney is a common form of surrogate decision making that requires familiarity with agency law and the Act and, therefore, North Carolina attorneys from various practice areas must prepare for the effective date of the 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. For any form, it is imperative to understand its terms, or lack thereof, before executing it with clients. North Carolina attorneys should consider revisions to the new form or consider use of a modified form.
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.
The NCBA CLE titled “Power of Attorney: 2018 North Carolina Uniform Power of Attorney Act” is available by video replay and On Demand. Register now for a video replay as the number of attendees are limited by location. If you are unable to attend a video replay at a location near you, there is a video replay at the NC Bar Center on January 4, 2018. As for the On Demand offerings for this CLE, it is strongly suggested to demand the presentations in the order that the presentations are listed on the brochure. To access the brochure and register for a video replay or On Demand offering of this CLE, click here.
The On Demand offering for this NCBA CLE includes a presentation titled “Drafting a North Carolina Power of Attorney, 2017” and its materials. This presentation reviews the new statutory short form and discusses possible revisions to the new statutory short form or the use of a modified form included in the materials for this presentation. If this presentation is the first accessed On Demand, the listener should determine that he or she should access the other On Demand offerings from this NCBA CLE to have the necessary knowledge to apply the recommendations given in this presentation.
About the Author
Janice L. Davies is an attorney at Davies Law PLLC in Charlotte. She is the Chair of the Legislative Committee of the Estate Planning and Fiduciary Law Section of the North Carolina Bar Association and the Chair of its subcommittee for the North Carolina Uniform Power of Attorney. She is a Fellow in the American College of Trust and Estate Counsel and a North Carolina Board Certified Specialist in Estate Planning and Probate Law. Ms. Davies’ practice areas include estate and trust planning and transfer tax planning for individuals, succession planning for closely-held businesses, and probate and administration of estates.