Hendersonville, NC asked in Estate Planning for North Carolina

Q: Should a POA be recorded in the NC county in which it was notarized or the county where I am presently residing in NC?

The POA was notarized in Mitchell Co NC in 2006. It was not recorded. I now live in Henderson Co NC.

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1 Lawyer Answer
Will Blackton
Will Blackton
  • Raleigh, NC
  • Licensed in North Carolina

A: This may depend on how the PoA will be used. If, for example, the PoA is granted to allow one spouse to purchase a residential home in Wake County in the names of both spouses, it would make sense to record the PoA in Wake County.

Who is supposed to honor this PoA? Many businesses/professionals will refuse to honor old PoAs, considering them to have gone "stale."

If you're using the PoA to accomplish a specific task, ask the person who will be honoring the PoA where they would like it recorded. If you're unsure who might be honoring the PoA, file it in the county of your residence.

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