Chapter 32C

This Chapter may be cited as the North Carolina Uniform Power of Attorney Act. (2017-153, s. 1.)

The following definitions apply in this Chapter: (1) Agent. - A person granted authority to act for a principal under a power of attorney, whether denominated an agent, attorney-in-fact, or otherwise. The term includes an original agent, coagent, successor agent, and a person to …

This Chapter applies to all powers of attorney except the following: (1) A power to the extent it is coupled with an interest in the subject of the power, including a power given to or for the benefit of a creditor in connection with a credit transaction. (2) A power to make heal…

A power of attorney created pursuant to this Chapter is durable unless the instrument expressly provides that it is terminated by the incapacity of the principal. (2017-153, s. 1.)

A power of attorney must be (i) signed by the principal or in the principal's conscious presence by another individual directed by the principal to sign the principal's name on the power of attorney and (ii) acknowledged. A signature on a power of attorney is presumed to be genui…

(a) A power of attorney executed in this State on or after January 1, 2018, is valid if its execution complies with G.S. 32C-1-105. (b) A power of attorney executed in this State before January 1, 2018, the effective date of this Chapter is valid if its execution complied with th…

The meaning and effect of a power of attorney is determined by the law of the jurisdiction indicated in the power of attorney and, in the absence of an indication of jurisdiction, by the law of the jurisdiction in which the power of attorney was executed. (2017-153, s. 1.)

(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 th…

(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 futu…

(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…

(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 indep…

(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 is to be determine…

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.)

(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 t…

A provision in a power of attorney relieving an agent of liability for breach of duty is binding on the principal and the principal's successors in interest except to the extent the provision relieves the agent of liability for breach of duty committed (i) in bad faith or (ii) wi…

(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 com…

(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) Co…

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. (2) If the principal is incapacitated, to (i) the guardia…

(a) For purposes of this section and G.S. 32C-1-120, the term "acknowledged" means purportedly verified before a notary public or other individual authorized to take acknowledgements. (b) A person that in good faith accepts an acknowledged power of attorney without actual knowled…

(a) A person is not required to accept, and is not liable for refusing to accept, a power of attorney that has not been duly acknowledged. (b) Except as otherwise provided in this section: (1) No later than seven business days after presentation of an acknowledged power of attorn…

The common law, including the common law of agency, and principles of equity supplement this Chapter, except to the extent modified by this Chapter or another provision of the General Statutes. (2017-153, s. 1.)

This Chapter does not supersede any other law applicable to financial institutions or other entities, and the other law controls if inconsistent with the provisions of this Chapter. (2017-153, s. 1.)

The remedies under this Chapter are not exclusive and do not abrogate any right or remedy under the law of this State, other than this Chapter. (2017-153, s. 1.)

(a) Unless the exercise of the authority by an agent under a power of attorney is otherwise prohibited by another agreement or instrument to which the authority or property is subject, then the following apply: (1) An agent may do the following on behalf of the principal or with …

(a) An agent has authority described in this Chapter if the power of attorney refers to general authority with respect to the descriptive term for the subjects stated in G.S. 32C-2-204 through G.S. 32C-2-217 or cites the section in which the authority is described. (b) A referenc…

Except as otherwise provided in the power of attorney, by executing a power of attorney that incorporates by reference a subject described in G.S. 32C-2-204 through G.S. 32C-2-217 or that grants to an agent authority to do all acts that a principal could do pursuant to G.S. 32C-2…

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, …

Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to tangible personal property authorizes the agent to do all of the following: (1) Demand, buy, receive, accept as a gift or as security for an extension of cr…

Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to stocks and bonds authorizes the agent to do all of the following: (1) Buy, sell, and exchange stocks and bonds. (2) Establish, continue, modify, or terminat…

Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to commodities and options authorizes the agent to do all of the following: (1) Buy, sell, exchange, assign, settle, and exercise commodity futures contracts a…

Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to banks and other financial institutions authorizes the agent to do all of the following: (1) Continue, modify, and terminate an account or other banking arra…

Subject to the terms of a document or an agreement governing an entity or an entity ownership interest, and unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to operation of an entity authorizes the agent to d…

Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to insurance and annuities authorizes the agent to do all of the following: (1) Continue, pay the premium or make a contribution on, modify, exchange, rescind,…

(a) In this section, the term "estate, trust, or other beneficial interest" means a trust, probate estate, guardianship, conservatorship, escrow, or custodianship or a fund from which the principal is, may become, or claims to be, entitled to a share or payment. (b) Unless the po…

Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to claims and litigation authorizes the agent to do all of the following: (1) Assert and maintain before a court or administrative agency a claim, claim for re…

(a) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to personal and family maintenance authorizes the agent to do all of the following: (1) Perform the acts necessary to maintain the customary standard of li…

(a) In this section, the term "benefits from governmental programs or civil or military service" means any benefit, program, or assistance provided under a statute or regulation including Social Security, Medicare, and Medicaid. (b) Unless the power of attorney otherwise provides…

(a) In this section, the term "retirement plan" means a plan or account created by an employer, the principal, or another individual to provide retirement benefits or deferred compensation of which the principal is a participant, beneficiary, or owner, including a plan or account…

Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to taxes authorizes the agent to do all of the following: (1) Prepare, sign, and file federal, State, local, and foreign income, gift, payroll, property, Feder…

(a) In this section, a gift "for the benefit of" an individual includes a gift to a trust, an account under the Uniform Transfers to Minors Act, a tuition savings account or prepaid tuition plan as defined under section 529 of the Internal Revenue Code, and an ABLE account as def…

An agent may petition the court for an order authorizing the agent to make a gift of the principal's property that is reasonable under the circumstances, including a gift that is in addition to, or that otherwise differs from, the gifts authorized by the power of attorney. (2017-…

(a) Except as provided in subsection (b) of this section, an agent under a power of attorney that does not expressly grant the agent the authority to do an act described in G.S. 32C-2-201(a) may petition the court for authority to do the act described in G.S. 32C-2-201(a) that is…

As a nonexclusive method to grant a power of attorney, a document substantially in the following form may be used to create a statutory form power of attorney that has the meaning and effect prescribed by this Chapter: "NORTH CAROLINA STATUTORY SHORT FORM POWER OF ATTORNEY NOTICE…

The following optional form may be used by an agent to certify facts concerning a power of attorney: "AGENT'S CERTIFICATION AS TO THE VALIDITY OF POWER OF ATTORNEY AND AGENT'S AUTHORITY (G.S. 32C-3-302) I, __________________________ (Name of Agent), do hereby state and affirm the…

While no particular phrasing is required for a limited power of attorney for transactions involving the purchase, sale, or financing of real property or tangible personal property related to real property, the following form may be used to create a limited power of attorney for t…

In applying and construing this Chapter, consideration may be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it. (2017-153, s. 1.)

The provisions of this Chapter governing the legal effect, validity, or enforceability of electronic records or electronic signatures, and of contracts formed or performed with the use of those records or signatures, conform to the requirements of Section 102 of the Electronic Si…

(a) Except as otherwise provided in this Chapter, the following apply on January 1, 2018. (1) This Chapter applies to a power of attorney created before, on, or after January 1, 2018, unless there is clear indication of a contrary intent in the terms of a power of attorney or unl…