§ 32A-8. Definition. - North Carolina Statutes

Article2.

Durable Power ofAttorney.

§ 32A‑8.  Definition.

A durable power of attorney isa power of attorney by which a principal designates another his attorney‑in‑factin writing and the writing contains a statement that it is executed pursuant tothe provisions of this Article or the words "This power of attorney shallnot be affected by my subsequent incapacity or mental incompetence," or"This power of attorney shall become effective after I becomeincapacitated or mentally incompetent," or similar words showing theintent of the principal that the authority conferred shall be exercisablenotwithstanding the principal's subsequent incapacity or mental incompetence.Unless the durable power of attorney provides otherwise, where the grant ofpower or authority conferred by a durable power of attorney is effective onlyupon the principal's subsequent incapacity or mental incompetence, any personto whom such writing is presented, in the absence of actual knowledge to thecontrary, shall be entitled to rely on an affidavit, executed by the attorney‑in‑factand setting forth that such condition exists, as conclusive proof of suchincapacity or mental incompetence, subject to the provisions of G.S. 32A‑13.(1983, c. 626, s. 1; 1991, c. 173, s. 1.)