Statesville Power of Attorney Lawyer

There is always something to do in Statesville. Whether you enjoy outdoor excursions like Fort Dobbs or Lake Norman State Park, or the fun of hunting for a bargain at the Resettlers Antique Mall, it’s easy to live in the moment and enjoy all that Statesville has to offer. It can be overwhelming to plan for an uncertain future. A skilled Statesville power of attorney lawyer can help you appoint a POA.If you’re setting up broader protections at the same time, our Statesville estate planning lawyer can coordinate your POA with wills and trusts so everything aligns.

Hire a Power of Attorney Lawyer

There are many reasons why you might want to establish a Power of Attorney (POA). If you have a long absence planned or fear you may become incapacitated, having an established POA can ensure your wishes are followed. At Griffin Law, PLLC, we have over two decades of experience in family law matters. When you need to hire a power of attorney lawyer, you want a firm that believes in advocating for your interests.

Who Needs a Power of Attorney

A POA is a legal document that allows another individual, of your choosing, to act as your legal representative. The scope of the POA is defined in the documents along with the expiration date of the POA. If there is no specific expiration date included, either the POA may need to be revoked or the POA automatically ends at the time of death.

There are many reasons why someone may need a POA, but aging and health-related reasons are prominent. However, the Merrill Lynch Legacy Study found that only 18% of adults over 55 had a will, a healthcare directive, and a durable POA. Additionally, 43% of adults over 55 were concerned that they did not have an advocate to look out for their interests. In Iredell County, 39% of the residents are over the age of 50.

Different Types of Power of Attorney

There are three types of POA: durable, general, and limited. A durable POA can give general or limited authority, but it remains in effect if you become incapacitated for any reason. A general POA gives your representative the legal authority to do anything in your name that you could legally do yourself. A limited POA names a specific action or actions that your representative may do on your behalf. However, some actions cannot be included in a POA, including:

Create or make changes to a will
Sign a marriage certificate
Any actions considered self-dealing
Violate fiduciary duties
Vote in any public election
Make changes to the POA
Any actions outside of the dates of the POA

Choosing the right scope is easier when your family plans are clear. Knowing how missed child support payments are handled in North Carolina can help you design a POA that accounts for future financial responsibilities.

How Do You Create a Power of Attorney

Before you can draft a POA, some requirements must be followed. The POA must be a written document. The person creating the POA must be considered of sound mind, meaning they must have the mental capacity to understand and agree with the creation of the POA. The person creating the POA also must show intent to name a representative. To create a POA in Statesville, North Carolina, you should:

Decide which type of POA would suit your needs. A trusted POA lawyer can discuss your situation and make recommendations on the type of POA that would be most appropriate.
Appoint your representative. You want to ensure you appoint a trustworthy representative who can make decisions that align with your wishes. In North Carolina, you may also appoint a successor representative in case your first representative becomes incapacitated.
Draft the actual POA. This document has specific requirements that must be followed. Inappropriate wording may also give unintended powers to your representative. A POA attorney can ensure the documents are written correctly.
Sign the documents. The POA must be signed by the person creating it and the representative. In North Carolina, the POA also must be notarized. Inform any necessary parties of the POA and keep a copy for your records.

FAQs

What Type of Lawyer Handles Power of Attorney Cases in Statesville, NC?

When you need to draft a Power of Attorney, you need an estate planning lawyer, a probate lawyer, or a family law lawyer. A Power of Attorney is a legal document for appointing a trusted person to act on your behalf in a variety of situations. There are different types of Powers of Attorney that can be discussed with a lawyer to determine which is right for your unique situation.

How Much Does It Cost to Create a Power of Attorney in North Carolina?

Power of Attorney costs in North Carolina vary because of several factors. The type and complexity of the Power of Attorney can affect the cost. Attorney fees also vary, with some charging a flat fee for the service while others charge an hourly rate. You are also required to have the Power of Attorney notarized in North Carolina, and the fees vary depending on the notary. Some attorneys may include notarization in their fee.

Are There Risks Associated with Creating a Power of Attorney?

There are risks associated with creating a power of attorney. Once someone has been granted a Power of Attorney, within the scope of that document, they can make decisions on your behalf. Any actions done on your behalf are your responsibility, so it is important to appoint a trustworthy representative. It is also advisable to narrowly define which powers you are granting to your representative.

Do You Need a Lawyer to Create a Power of Attorney in North Carolina?

There is no legal requirement to hire a power of attorney lawyer to draft your Power of Attorney in North Carolina. However, a Power of Attorney is a legal document and, as such, must be drafted to specific standards to be considered legally valid. For a more complex Power of Attorney or situations where the Power of Attorney may be challenged, having an attorney complete the document can help prevent legal issues in the future.