§ 32A-13. Revocation. - North Carolina Statutes

§ 32A‑13.  Revocation.

(a)        Every power ofattorney executed pursuant to the provisions of this Article and registered inan office of the register of deeds in this State as provided in G.S. 32A‑9(b)shall be revoked by:

(1)        The death of theprincipal; or

(2)        Registration in theoffice of the register of deeds where the power of attorney has been registeredof an instrument of revocation executed and acknowledged by the principal whilehe is not incapacitated or mentally incompetent, or by the registration in suchoffice of an instrument of revocation executed by any person or corporation whois given such power of revocation in the power of attorney, or by this Article,with proof of service thereof in either case on the attorney‑in‑factin the manner prescribed for service of summons in civil actions.

(b)        Every power ofattorney executed pursuant to the provisions of this Article which has not beenregistered in an office of the register of deeds in this State shall be revokedby:

(1)        The death of theprincipal;

(2)        Any method providedin the power of attorney;

(3)        Being burnt, torn,canceled, obliterated, or destroyed, with the intent and for the purpose ofrevoking it, by the principal himself or by another person in his presence andby his direction, while the principal is not incapacitated or mentallyincompetent; or

(4)        A subsequent writtenrevocatory document executed and acknowledged in the manner provided herein forthe execution of durable powers of attorney by the principal while notincapacitated or mentally incompetent and delivered to the attorney‑in‑factin person or to his last known address by certified or registered mail, returnreceipt requested.

(c)        As to actsundertaken in good faith reliance upon an affidavit executed by the attorney‑in‑factstating that he did not have, at the time of exercise of the power, actualknowledge of the termination of the power by revocation pursuant to theprovisions of G.S. 32A‑13(b) or by the principal's death, such affidavitis conclusive proof of the nonrevocation or nontermination of the power at thattime. This section does not affect any provision in a power of attorney for itstermination by the expiration of time or occurrence of an event other than anexpress revocation.  (1983, c. 626, s. 1; 1991, c. 173, s. 2.)