N.C. Gen. Stat. § 50-22
Action on behalf of an incompetent
Redline — June 1, 2021 → current.View current text →
Current — April 1, 2022
As of June 1, 2021
A duly appointed agent who has the power to sue and defend civil actions on behalf of an incompetent spouse and who has been appointed pursuant to a durable power of attorney executed in accordance with Chapter 32C of the General Statutes, a guardian appointed in accordance with Chapter 35A of the General Statutes, or a guardian ad litem appointed in accordance with G.S. 1A-1, Rules 17 and 25(b), may commence, defend, maintain, arbitrate, mediate, or settle any action authorized by this Chapter on behalf of an incompetent spouse. However, only a competent spouse may commence an action for absolute divorce.
A duly appointed agent who has the power to sue and defend civil actions on behalf of an incompetent spouse and who has been appointed pursuant to a durable power of attorney executed in accordance with Chapter 32C of the General Statutes, a guardian appointed in accordance with Chapter 35A of the General Statutes, or a guardian ad litem appointed in accordance with G.S. 1A-1, Rules 17 and 25(b), may commence, defend, maintain, arbitrate, mediate, or settle any action authorized by this Chapter on behalf of an incompetent spouse. However, only a competent spouse may commence an action for absolute divorce.
History
(1991, c. 610, s. 1; 2009-224, s. 1; 2017-153, s. 2.4.)
Effect of Amendments. - Session Laws 2009-224, s. 1, effective June 30, 2009, rewrote the section.
Session Laws 2017-153, s. 2.4, effective January 1, 2018, in the first sentence, substituted "agent" for "attorney-in-fact" near the beginning, and substituted "Chapter 32C" for "Chapter 32A" near the middle.
§§ 50-23 through 50-29: Reserved for future codification purposes.
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.