Durable and health care powers of attorney

A Durable Financial Power of Attorney is a document in which you appoint another person to assist you in managing your financial affairs in the case that you need help, or cannot do it on your own. The person you appoint is called your “Agent” or “Attorney-in-Fact,” and is empowered to act on your behalf in whatever ways the document specifies. You can also appoint a successor, in case the first person you appoint is unable to do the job.  The Power of Attorney can be made so that it can be used by your agent as soon as you have signed it, or so that the Agent only has the power to act on your behalf if a doctor has stated in writing that you are incapable of managing your financial affairs. We will help you think through which is more appropriate in your case. Many think that a spouse automatically has the right to access bank accounts or assets held in your sole name, but that is not true. Only a joint owner, or an Agent named under a Durable Power of Attorney have that authority.

A Durable Power of Attorney can be recorded with your local Register of Deeds Office when your Agent is ready to use the document. 

A Health Care Power of Attorney is a document in which you appoint another person to make health care decisions for you in the case that you cannot make them yourself. The person you appoint is called your Health Care Agent, and can speak to your physicians and access your medical records. You can also state in this document whether you would like to be an organ donor, and if you have funeral, burial, or cremation plans, you can put directions in this document to guide your Health Care Agent at the end of your life.

A Health Care Power of Attorney can be recorded with the NC Secretary of State’s office, so that it can be accessed from anywhere by your Agent, or a health care professional who needs to contact your Agent.