North Carolina Power of Attorney

You may designate an agent to make health care decisions for you when you are no longer capable of making them yourself. Your agent may consent, refuse to consent, or withdraw consent to medical treatment and may make decisions about withdrawing or withholding life-sustaining treatment. Your agent is authorized to apply for your admission to a medical, nursing, residential, mental health or other similar facility.

ADDITIONAL INFORMATION ABOUT THIS POWER OF ATTORNEY

	Living Will Provision This power of attorney also contains a living will provision. If you are terminally ill, permanently in a coma, suffer severe dementia, or in a persistent vegetative state request is made that your life not be prolonged by life-sustaining procedures.
	Revocation You have the right to revoke the authority granted to your agent by informing him or her or your health care provider orally or in writing.
	Reservation of Rights Notwithstanding the above, this power of attorney reserves you the right to make health care decisions for yourself as long as you are able to give informed consent with respect to a particular decision. In addition, no treatment may be give to you over your objection.
	Operative Date The power of attorney becomes effective when the physician or physicians you designate in the power determine that you lack sufficient understanding or capacity to make or communicate decisions relating to your health care and will continue in effect during your incapacity, until your death.
	Executing and Delivering your Power of Attorney After you have printed your power or attorney, you must sign in front of a notary public along with two witnesses (over 18). Please note the qualifications of the witnesses contained in the witness statement. A fully executed original or copy should be submitted to your physician for entry in your medical records. Copies may be made and given to trusted family members. This power of attorney consists of approximately five pages.

This power of attorney may be a general or limited power of attorney. For example, you may empower your agent to do any act which you could do yourself (general power of attorney) or limit your agent's authority to a specific transaction (limited power of attorney). Options in this form include appointing an agent to dispose of your property, collect your debts, endorse your checks, execute government vouchers, deposit money or other property, borrow money, acquire property, recover possession of property, institute or defend lawsuits, prepare and file tax returns, transfer title to automobiles and perform any act which you may do yourself. This is a durable power of attorney meaning it is not affected by your subsequent disability or incompetence if it is registered (see below).

ADDITIONAL INFORMATION ABOUT THIS POWER OF ATTORNEY

General Power of Attorney

After you print out your document, a space is provided for your initials beside each power you want to grant your agent. If this is to be a general power of attorney, you may initial beside the option granting all powers to your agent. If you are granting a general power of attorney over your finances your agent must act in your best interest and failure to do so may result in criminal charges or civil liability.

Limited Power of Attorney

If this is to be a limited power of attorney then you must specify this limitation while filling out the information form. For example, if you only want your agent to sell your automobile you should so specify and identify the automobile your agent is authorized to sell. If your agent is only authorized to sell real estate, you should specify and include the legal description of the property. If your agent is only authorized to sell for a specific price you must indicate this while filling out the information form. You must list in this power of attorney the acts you want your agent to perform.

Revocation of Power of Attorney

Unless your power of attorney expires by its terms, you have a right to revoke your power of attorney at any time by oral or written notice to your agent. Notice of the revocation should be given to anyone who has knowledge of the agency that may be adversely affected.

Executing and Delivering Your Power of Attorney

After you have printed your power of attorney you must gather two witnesses over eighteen (18) and appear before a notary public for signing. Neither witness may be the agent designated in the power of attorney.

Registration in Deed Records

This is a durable power of attorney in that it is not affected by your subsequent disability or incompetence. However, Chapter 32A, Section 9 of the North Carolina General Statutes provides that this power of attorney is not valid subsequent to the principal's incapacity or incompetency unless it is registered in the office of the register of deeds of that county designated in the power of attorney, or if no place of registration is designated, in the office of the register of deeds of the county in which the principal has his legal residence at the time of such registration, or if the principal has no legal residence in North Carolina, in some county in North Carolina in which the principal owns property or the county in which one or more of the attorneys-in-fact (agent) reside. The power of attorney may be registered subsequent to the incapacity or mental incompetence of the principal. NO REGISTRATION IS REQUIRED PRIOR TO THE PRINCIPAL'S INCAPACITY OR MENTAL INCOMPETENCE.

Registration with Superior Court

Chapter 32A, Section 11 of the North Carolina General Statutes provides that within 30 days after the registration of the power of attorney mentioned above, the agent must file with the clerk of superior court in the county of such registration a copy of the power of attorney. Every agent subsequent to the principal's incapacity or mental incompetence shall keep full and accurate records of all transactions in which he acts as agent of the principal and of all property of the principal in his hands and the disposition thereof.

This power of attorney consists of approximately three pages.