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Is a North Carolina Power of Attorney Valid if it is NOT Recorded in the Register of Deeds??

By Sabrina Winters

Assuming that the Power of Attorney is otherwise valid and the person who has created the document (principal) is not incapacitated or incompetent, it is valid and may be used by the agent (the person named in the document by the principal) to carry out the instructions and authority in the Power of Attorney provided by the principal.

The North Carolina statute says that a power of attorney (otherwise executed properly) is not valid after the person becomes incapacitated or mentally incompetent unless it has been recorded in the Register of Deeds in the County where the principal lives.  If the Power of Attorney has to be used during incompetency or incapacity, then record it and it will be valid.

It does not have to be recorded before the incapacity or mental incompetence occurs. It shall be valid even though the time of the registration is after the incapacity or mental incompetence.

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