Legal Question in Elder Law in North Carolina

I am about to obtain power of attorney for my grandmother's finances & property. She is currently living in North Carolina, yet the owned property is in Virginia. If I am to obtain legal power of attorney in NC, would that be applicable in the state of VA as well for all finances & property?

Asked on 6/08/11, 10:13 am

1 Answer from Attorneys

You obtain a power of attorney from your grandmother. If she is in NC then she will do an NC power ot attorney. It does not matter where the property is located. It will be valid in the other states. If you do the steps to notarize and record it there should be no problem with banks or other entities in Virginia honoring it.

I am not admitted in Virginia and cannot advise on VA law but you might also have to record the power of attorney with the Virginia equivalent of the register or recorder of deeds. You might want to check with their office in the county where the land is located. However, they cannot give you legal advice and may just tell you to talk with an attorney.

I can do a power of attorney for your grandmother for a reasonable fee. While your grandmother does not need an attorney to draft one, she may find it beneficial. If she is interested, she can contact me via email at [email protected] or telephone at 678-687-9693.

To execute a valid power of attorney your granmother must be mentally competent. She also has to have the power of attorney notarized. I recommend that it be filed with the register of deeds. There is a charge for this and an extra charge if the document is not formatted correctly so as to allow for recording.

If the power of attorney is not drafted properly you will have to not only file it with the register of deeds but you will also have to file it with the clerk of courts here in NC within 30 days after you go to use it.

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Answered on 6/08/11, 12:35 pm

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