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NORTH CAROLINA STATUTES AND CODES

§ 32A-14.2. Renunciation under power of attorney.

§ 32A‑14.2. Renunciation under power of attorney.

(a)        If any power ofattorney authorizes an attorney‑in‑fact to do, execute, or performany act that the principal might or could do or evidences the principal'sintent to give the attorney‑in‑fact full power to handle theprincipal's affairs or deal with the principal's property, but does notexpressly authorize the attorney‑in‑fact to renounce an interest inor power over property, the attorney‑in‑fact shall not have thepower or authority to renounce on behalf of the principal pursuant to Chapter31B of the General Statutes.

(b)        Notwithstanding anexpress grant of general authority to renounce, an attorney‑in‑factthat is not an ancestor, spouse, or descendant of the principal may notrenounce under a power of attorney to create in the attorney‑in‑factor the estate, creditors, or the creditors of the estate of the attorney‑in‑fact,or in an individual to whom the attorney‑in‑fact owes a legalobligation of support, an interest in or power over the principal's property byreason of a renunciation unless the power of attorney expressly authorizes arenunciation that benefits the attorney‑in‑fact or the estate,creditors, or the creditors of the estate of the attorney‑in‑fact,or an individual to whom the attorney‑in‑fact owes a legalobligation of support.  (2009‑48, s. 14.)

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