Free Form Friday: Form General and Durable Power of Attorney

In our day to day law practice we often find a need for the use of a power of attorney.  Sometimes we need to sign something on behalf of a client, and sometimes the client needs someone to sign on behalf of them elsewhere.  In either event, it is always nice to have a form power of attorney on standby so that we can quickly handle any situation where the signer of a document is unavailable.  So, with the usual caveats (forms don’t work for every situation, so check with an attorney if you are not sure), below is a basic form power of attorney.

FORM GENERAL AND DURABLE POWER OF ATTORNEY

State of _______________
County of _____________

I, ____________________ appoint _____________________ to be my attorney-in-fact and to act in my name in any way in which I could act for myself.  This Power of Attorney shall apply to the following matters (as each of them is defined in Chapter 32A of the North Carolina General Statutes):

(1)     Real property transactions
(2)     Personal property transactions
(3)     Bond, share, stock, securities and commodity transactions
(4)     Banking transactions
(5)     Safe deposits
(6)     Business operating transactions
(7)     Insurance transactions
(8)     Estate transactions
(9)     Personal relationships and affairs
(10)     Social security and unemployment
(11)     Benefits from military service
(12)     Tax matters
(13)     Employment of agents
(14)     Gifts to charities, and to individuals other than the attorney-in-fact
(15)     Gifts to the named attorney-in-fact
(16)    Renunciation of an interest in or power over property to benefit persons other than the attorney-in-fact
(17)    Renunciation of an interest in or power over property to benefit persons including the attorney-in-fact

I also give to full power to my attorney-in-fact to appoint another person to act as my attorney-in-fact and I give full power to my attorney-in-fact to revoke such appointment.

This power of attorney shall not be affected by my subsequent incapacity or mental incompetence.

Signature:  _________________________________
Dated: _______________

STATE OF NORTH CAROLINA
COUNTY OF ____________________

On this _____________________, ____________________ personally appeared before me and executed the foregoing power of attorney.  He or she acknowledged that he or she executed the power of attorney.  He or she, being duly sworn by me and being under oath, certified the statements in the power of attorney are true.

______________________________________________
(Signature of Notary Public)
My Commission Expires: __________________________

Notary Public (Official Seal)