N.C. Gen. Stat. § 32C-1-112
Reimbursement and compensation of agent
Redline — June 1, 2021 → current.View current text →
Current — April 1, 2022
As of June 1, 2021
(1) 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.
(1) 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.
(2) If the terms of the power of attorney do not specify the amount or the way the compensation is to be determined, and the principal thereafter becomes incapacitated, then subsequent to the principal's incapacity the agent is entitled to receive reasonable compensation as determined by the clerk of superior court in accordance with G.S. 32-59.
(2) If the terms of the power of attorney do not specify the amount or the way the compensation is to be determined, and the principal thereafter becomes incapacitated, then subsequent to the principal’s incapacity the agent is entitled to receive reasonable compensation as determined by the clerk of superior court in accordance with G.S. 32-59.
(3) Unless the power of attorney otherwise provides, an agent is entitled upon request to the clerk of superior court pursuant to G.S. 32-59 to be reimbursed for expenses properly incurred on behalf of the principal.
(3) Unless the power of attorney otherwise provides, an agent is entitled upon request to the clerk of superior court pursuant to G.S. 32-59 to be reimbursed for expenses properly incurred on behalf of the principal.
History
(2017-153, s. 1; 2018-142, s. 29.)
NORTH CAROLINA COMMENT
Subsection (b), which modified Section 112 of the Uniform Power of Attorney Act providing that an agent is entitled to recover reasonable compensation, brought forward the provisions of former G.S. 32A-11(c) that when the power of attorney does not specify the amount of compensation and the principal is incapacitated, the agent is to receive compensation as determined by the clerk of superior court after considering the factors set forth in G.S. 32-54(b).
Subsection (c) is generally consistent with G.S. 32-59 which provides for reimbursement for expenses incurred by fiduciaries other than trustees.
Official source: North Carolina General Assembly. Reproduced from public-domain North Carolina statutes; confirm against the official source for the current text. Not legal advice.