Do You Need to Update Your North Carolina Power of Attorney?

December 17, 2018January 23, 2018 by James Hart, Esq.

One of the most important legal documents you can have in your estate plan is a durable power of attorney. This is a legal document that allows someone else to act as your agent in the event that you are incapacitated. On January 1, 2018, a new law went into effect in North Carolina that … Read more

What is a Power of Attorney and Why is it so Important?

December 17, 2018November 5, 2017 by James Hart, Esq.

I’ve done a lot of posts on this blog talking about powers of attorney in North Carolina, what they are, why they are important, and why you need to have one. I’ve even talked about some of the pitfalls and mistakes people make with powers of attorney.

I’ve had a number of clients recently that have made some mistakes when it comes to their powers of attorney. And right now I’m in the midst of filing a guardianship for one client because of a faulty power of attorney.

The bottom line is that these mistakes are easily avoided with proper legal counsel and a strong power of attorney. But you need to understand how this document works and how it fits into your overall estate plan.

What is a Power of Attorney?

Here is a quick video I recorded last week to talk about powers of attorney in North Carolina and why this document is so important.

Please don’t take this important document for granted, and don’t assume that just because you found a form document online for free that it will solve all your legal issues.

It won’t.

Having an improper power of attorney is an expensive proposition. Guardianship proceedings can cost upwards of $10,000 to $15,000.

Be smart, get your power of attorney done correctly the first time.

Why using the Statutory Short Form Power of Attorney is a Bad Idea in North Carolina (UPDATED to reflect change in the law on January 1, 2018)

December 17, 2018May 18, 2017 by James Hart, Esq.

In North Carolina, the legislature has prepared a statutory short form power of attorney to help and guide attorneys and citizens who need a durable power of attorney. (Which is pretty much everyone). However, just because it is out there, doesn’t mean you should use it. Here is a link to the statutory short form … Read more

What is a Power of Attorney in North Carolina?

December 17, 2018December 9, 2016 by James Hart, Esq.

I frequently get asked about Power of Attorney (POA) forms, what they are, how they are used, and who should use them. I previously wrote about this topic in this post. So let’s start with some basics… What is a North Carolina Power of Attorney? In simple terms, a power of attorney is defined as … Read more

Estate Planning and Your North Carolina Divorce… What You Need to Know

December 17, 2018November 15, 2016 by James Hart, Esq.

There’s no denying that Divorce is an overwhelming process. Whether you are just starting to think about a divorce or are nearing the end of the process, you know that it is something that nobody wants to go through. You have so many different things to consider, including who will get the kids, how to … Read more

5 Must Have Documents for Your Estate Plan

December 17, 2018November 13, 2016 by James Hart, Esq.

You finally found it… Regardless of whether you are 18 or 80, there are 5 legal documents that you must have in place to protect you in the event that you become incapacitated or die unexpectedly. These include a financial durable power of attorney, a healthcare power of attorney, and a living will. So let’s get … Read more

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What is a Power of Attorney?