N.C. Gen. Stat. § 32C-1-118

(3) It substituted references to "the guardian of the principal's estate or guardian of the principal's person or general guardian" for the words "conservator or guardian".

(4) It omitted subdivision (2) of Section 118 of the Uniform Power of Attorney Act providing that if notice could not be given to others described in this section, it could be given to the principal's caretaker, another person reasonably believed to have sufficient interest in the principal's welfare, or a governmental agency having authority to protect the welfare of the principal.

History

(2017-153, s. 1.)

NORTH CAROLINA COMMENT

This section providing a default procedure for specific methods for an agent's resignation is new to North Carolina power of attorney law although provisions for resignation were permitted under former G.S. 32A-12(a).

This section modified Section 118 of the Uniform Power of Attorney Act as follows:

The drafters are of the opinion that the following portions of the Official Comment to this section are relevant:

Section 118 provides a default procedure for an agent's resignation. An agent who no longer wishes to serve should formally resign in order to establish a clear demarcation of the end of the agent's authority and to minimize gaps in fiduciary responsibility before a successor accepts the office. If the principal still has capacity when the agent wishes to resign, this section requires only that the agent give notice to the principal. If, however, the principal is incapacitated, the agent must, in addition to giving notice to the principal, give notice as set forth in paragraphs (1) or (2).

However, in the last sentence of this paragraph of the Official Comment the words ", in addition to giving notice to the principal," should be disregarded and reference to "paragraphs (1) and (2)" should be understood to refer to subdivision (2) of G.S. 32C-1-118.