North Carolina § 32C-1-105 - Execution of power of attorney.

§ 32C-1-105. Execution of power of attorney.

A power of attorney must be (i) signed by the principal or in the principal's conscious presence by another individual directed by the principal to sign the principal's name on the power of attorney and (ii) acknowledged. A signature on a power of attorney is presumed to be genuine if the principal acknowledges the signature before a notary public or other individual authorized by law to take acknowledgements. History (2017-153, s. 1.) NORTH CAROLINA COMMENT This section modified Section 105 of the Uniform Power of Attorney Act by requiring acknowledgment of the signature of the principal or the signature of another individual directed by the principal to sign the principal's name on the power of attorney in the principal's conscious presence. In doing so, the section differs from prior North Carolina power of attorney law in that the acknowledgment of the principal's signature was not required by former Article 2 of Chapter 32A even though the former Statutory Short Form of General Power of Attorney in former G.S. 32A-1 included an acknowledgment of the principal's signature, and former G.S. 32A-40 afforded protection to the person who in good faith relied on a writing that was duly signed, acknowledged and otherwise appeared to be regular on its face. The provision in this section that a power of attorney may be signed by another person who is directed by the principal to sign in the principal's name on the power of attorney in the principal's "conscious presence" is new to North Carolina law. The "conscious presence" test is more expansive than, for example, the standard for an attesting witness signing a will "in the testator's presence" under G.S. 31-3.3(d) meaning where the testator is in a position that the testator would be capable of seeing the witness sign the will. See In re Cherry's Will, 164 N.C. 363 , 79 S.E. 288 (1913). Editor's Note. - Session Laws 2017-153, s. 3, provides, in part: "The Revisor of Statutes shall cause to be printed, as annotations to the published General Statutes, all relevant portions of the Official Comments to the Uniform Power of Attorney Act (2006) and all explanatory comments of the drafters of this act as the Revisor may deem appropriate."