North Carolina Revocation of Power of Attorney Form
The North Carolina Revocation of Power of Attorney (POA) upholds state law requirements regarding the revocation of a POA. As detailed by § 32C-1-110, if the POA was registered in a state office of the register of deeds, it must “be revoked by registration in that office by an instrument of revocation.” Whereas, if the POA was not registered, the Principal can either choose to execute a “written revocatory document” (such as this one) or destroy the POA. The former choice is preferable as it allows the Principal to retain a formal record of the revocation.
State Laws & Signing Requirements
State Laws – North Carolina Uniform Power of Attorney Act
Signing Requirements (§ 32C-1-110) – State laws directly address the matter of mandatory requirements for revoking a Power of Attorney in North Carolina. Specifically, the means a Principal may take to revoke one which depend on whether the POA is registered in an office of the register of deeds in the state.
Simply put, if the POA has been registered, it must be revoked by registration in the same office by an instrument of revocation, such as the Revocation of Power of Attorney form found above. The instrument needs to be executed and acknowledged by the Principal, who must be in a capable state. Additionally, “proof of service on the Agent in the manner prescribed for service under Rule 5 of the North Carolina Rules of Civil Procedure” is also required.
If it was not registered, the Principal must execute and acknowledge a “written revocatory document” while in a capable state. The form provided here serves this purpose and thus may be used.