§ 32A-22. Relation of the health care agent to a court-appointed fiduciary and to a general attorney-in-fact. - North Carolina Statutes

§ 32A‑22.  Relation ofthe health care agent to a court‑appointed fiduciary and to a generalattorney‑in‑fact.

(a)        If, following theexecution of a health care power of attorney, a court of competent jurisdictionappoints a guardian of the person of the principal, or a general guardian withpowers over the person of the principal, the guardian may petition the court,after giving notice to the health care agent, to suspend the authority of thehealth care agent during the guardianship. The court may suspend the authorityof the health care agent for good cause shown, provided that the court's ordermust direct whether the guardian shall act consistently with the health carepower of attorney or whether and in what respect the guardian may deviate fromit. Any order suspending the authority of the health care agent must set forththe court's findings of fact and conclusions of law. The guardian shall actconsistently with G.S. 35A‑1201(a)(5). A health care provider shall befully protected from liability in relying on a health care power of attorneyuntil given actual notice of the court's order suspending the authority of thehealth care agent.

(b)        A principal maynominate, by a health care power of attorney, the guardian of the person of theprincipal if a guardianship proceeding is thereafter commenced. The court shallmake its appointment in accordance with the principal's most recent nominationin an unrevoked health care power of attorney, except for good cause shown.

(c)        The execution of ahealth care power of attorney shall not revoke, restrict or otherwise affectany nonhealth care powers granted by the principal to an attorney‑in‑factpursuant to a general power of attorney; provided that the powers granted tothe health care agent with respect to health care matters shall be superior toany similar powers granted by the principal to an attorney‑in‑factunder a general power of attorney.

(d)        A health care powerof attorney may be combined with or incorporated into a general power ofattorney which is executed in accordance with the requirements of this Article.(1991, c. 639,s. 1; 1998‑198, s. 1; 1998‑217, s. 53; 2007‑502, s. 4.)