§ 32A-10. Relation of attorney-in-fact to court-appointed fiduciary. - North Carolina Statutes

§32A‑10.  Relation of attorney‑in‑fact to court‑appointedfiduciary.

(a)        If, followingexecution of a durable power of attorney, a court of the principal's domicileappoints a conservator, guardian of the principal's person or estate, or otherfiduciary charged with the management of all of the principal's property or allof his property except specified exclusions, the attorney‑in‑factis accountable to the fiduciary as well as to the principal. The fiduciary hasthe same power to revoke or amend the power of attorney that the principalwould have had if he were not incapacitated or mentally incompetent.

(b)        A principal maynominate, by a durable power of attorney, the conservator, guardian of hisestate, or guardian of his person for consideration by the court if protectiveproceedings for the principal's person or estate are thereafter commenced. Thecourt shall make its appointment in accordance with the principal's most recentnomination in a durable power of attorney except for good cause or disqualification.(1983, c. 626, s. 1.)