39-12. Power of attorney of married person.
Every competent married person of lawful age is authorized to execute, without the joinder of his or her spouse, instruments creating powers of attorney affecting the real and personal property of such married person naming either third parties or, subject to the provisions of G.S. 52-10 or 52-10.1, his or her spouse as attorney-in-fact. When such a married person executes a power of attorney authorized by the preceding sentence naming his or her spouse as attorney in fact the acknowledgment by the spouse of the grantor is not necessary. Such instruments may confer upon the attorney, and the attorney may exercise, any and all powers which lawfully can be conferred upon an attorney-in-fact, including, but not limited to, the authority to join in conveyances of real property for the purpose of waiving or quitclaiming any rights which may be acquired as a surviving spouse under the provisions of G.S. 29-30. (1798, c. 510; R.C., c. 37, s. 11; Code, s. 1257; Rev., s. 957; C.S., s. 1002; 1965, c. 856; 1977, c. 375, s. 7; 1979, c. 528, s. 8.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 2 - Conveyances by Husband and Wife.
§ 39-7 - Instruments affecting married person's title; joinder of spouse; exceptions.
§ 39-7.1 - Certain instruments affecting married woman's title not executed by husband validated.
§ 39-8 - Acknowledgment at different times and places; before different officers; order immaterial.
§ 39-9 - Absence of wife's acknowledgment does not affect deed as to husband.
§ 39-11 - Certain conveyances not affected by fraud if acknowledgment or privy examination regular.
§ 39-12 - Power of attorney of married person.
§ 39-13 - Spouse need not join in purchase-money mortgage.
§ 39-13.3 - Conveyances between husband and wife.
§ 39-13.4 - Conveyances by husband or wife under deed of separation.
§ 39-13.5 - Recodified as G.S41-56(c) by Session Laws 2020-50, s1(b), effective June 30, 2020.
§ 39-13.6 - Control of real property held in tenancy by the entirety.
§ 39-13.7 - Recodified as G.S41-65 by Session Laws 2020-50, s1(b), effective June 30, 2020.