do you have to have a power of attorney recorded to be legal?

Question

do you have to have a power of attorney recorded to be legal?

Answer

Yes and no. A person making a power of attorney does not have to record it immediately if it will take effect at some future date (called a springing power). When the power of attorney is going to be used, it must then be recorded at the register of deeds. They will charge extra unless it is in the proper format.

If the power of attorney is properly drafted, it may provide that it does not have to be filed with the clerk of court. If it does not have this language in it, then you also have to file it with the clerk of court within 30 days after it is recorded at the register of deeds and you may have to file accountings with the court.

All of this applies to a financial power of attorney only. A health care power of attorney does not need to be recorded. It can be filed with the Secretary of State's office at www.nclifelinks.org, but this is not necessary.

If your power of attorney was just the simple statutory one or was not properly drafted, I can do one for a reasonable fee provided that you or the person making the power of attorney is mentally competent. Please contact me at [email protected]/* */ if interested.