North Carolina General Statutes 32C-1-108. Nomination of guardian; relation of agent to court-appointed fiduciary
Terms Used In North Carolina General Statutes 32C-1-108
- Fiduciary: A trustee, executor, or administrator.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
(a) In a power of attorney, a principal may nominate a guardian of the principal’s estate, or guardian of the principal’s person, or general guardian for consideration by the clerk of superior court if protective proceedings for the principal’s estate or person are begun after the principal executes the power of attorney. Except for good cause shown or disqualification, the clerk of superior court shall make its appointment in accordance with the principal’s most recent nomination. If a guardian of the principal’s person is nominated in a health care power of attorney, that nomination shall control over the nomination, if any, in a power of attorney.
(b) If, after a principal executes a power of attorney, the clerk of superior court appoints a guardian of the principal’s estate, or general guardian or other fiduciary charged with the management of some or all of the principal’s property, the agent is accountable to the guardian or the fiduciary as well as to the principal. The power of attorney is not terminated and the agent’s authority continues unless suspended or terminated by the clerk of superior court pursuant to N.C. Gen. Stat. § 32C-1-116(a)(2) or terminated by the guardian of the principal’s estate or general guardian pursuant to N.C. Gen. Stat. § 32C-1-110(a)(7) or N.C. Gen. Stat. § 32C-1-110(b)(5). (2017-153, s. 1; 2018-142, s. 27(a).)