§ 32C-2-204 – Real property.
32C-2-204. Real property. Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to real property authorizes the agent to do all of the following: (1) Demand, buy, lease, receive, accept as a gift or as security for an extension of credit, or otherwise acquire or reject […]
§ 32C-1-116 – Judicial relief.
32C-1-116. Judicial relief. (a) The clerks of superior court of this State shall have original jurisdiction of proceedings under this Chapter. Except as provided in subdivision (4) of this subsection, the clerk of superior court’s jurisdiction is exclusive. The following proceedings are included: (1) To compel an accounting by the agent, including the power to […]
§ 32C-1-117 – Agent's liability.
32C-1-117. Agent’s liability. (a) A violation by an agent of this Chapter is a breach of fiduciary duty. (b) To remedy a breach of fiduciary duty that has occurred or may occur involving a power of attorney, the court may do the following: (1) Enjoin an agent from committing a breach of fiduciary duty. (2) […]
§ 32C-1-108 – Nomination of guardian; relation of agent to court-appointed fiduciary.
32C-1-108. Nomination of guardian; relation of agent to court-appointed fiduciary. (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 […]
§ 32C-1-109 – When power of attorney effective.
32C-1-109. When power of attorney effective. (a) A power of attorney is effective when executed unless the principal provides in the power of attorney that it becomes effective at a future date or upon the occurrence of a future event or contingency. (b) If a power of attorney becomes effective upon the occurrence of a […]
§ 32C-1-110 – Termination of power of attorney.
32C-1-110. Termination of power of attorney. (a) A power of attorney terminates when any of the following occur: (1) The principal dies. (2) If the power of attorney is not durable, the principal becomes incapacitated. (3) The principal revokes the power of attorney. (4) The power of attorney provides that it terminates. (5) The purpose […]
§ 32C-1-111 – Coagents and successor agents.
32C-1-111. Coagents and successor agents. (a) A principal may designate two or more persons to act as coagents. A principal may expressly require in the power of attorney that coagents act jointly. If a principal does not expressly require that coagents act jointly, each coagent may exercise the coagents’ authority independently without the knowledge, consent, […]
§ 32C-1-112 – Reimbursement and compensation of agent.
32C-1-112. Reimbursement and compensation of agent. (a) If the terms of the power of attorney specify the amount or the way the compensation is to be determined, the agent is entitled to the compensation as specified. (b) If the terms of the power of attorney do not specify the amount or the way the compensation […]
§ 32C-1-113 – Agent's acceptance.
32C-1-113. Agent’s acceptance. Except as otherwise provided in the power of attorney, a person accepts appointment as an agent under a power of attorney by exercising authority or performing duties as an agent or by any other assertion or conduct indicating acceptance. (2017-153, s. 1.)
§ 32C-1-114 – Agent's duties.
32C-1-114. Agent’s duties. (a) Notwithstanding provisions in the power of attorney, an agent that has accepted appointment, when exercising a power under the power of attorney shall do all of the following: (1) Act in accordance with the principal’s reasonable expectations to the extent actually known by the agent and, otherwise, in the principal’s best […]