Unless the power of attorney provides a different method for an agent’s resignation, an agent may resign by giving written notice of resignation to the following:

(1) To the principal if the principal is not incapacitated.

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Terms Used In North Carolina General Statutes 32C-1-118

  • following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
  • 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

(2) If the principal is incapacitated, to (i) the guardian of the principal’s estate, the guardian of the principal’s person, or general guardian, if one has been appointed, and (ii) any coagent or, if none, the successor agent next designated. (2017-153, s. 1.)