Stone Mountain, GA asked in Estate Planning for North Carolina

Q: Can a POA be created via snail mail or does the attorney in fact have to be present in person and everyone sign in front

The pt creating the POA lives in NC and the family member (attorney in fact the pt wants to designate) lives in W.Virginia.

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1 Lawyer Answer
Catherine E Bruce
Catherine E Bruce
  • Estate Planning Lawyer
  • Chapel Hill, NC

A: The principal (the person creating the POA) must sign the document and have his signature notarized. The attorney in fact (the person receiving the power) does not have to sign the POA or be present when the principal signs it. So, the only two people who have to be in the same room are the principal and the notary. The principal can mail the document to the attorney in fact once he has signed it and had it notarized.

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