§ 50-22. Action on behalf of an incompetent. - North Carolina Statutes

§ 50‑22.  Action onbehalf of an incompetent.

A duly appointed attorney‑in‑factwho has the power to sue and defend civil actions on behalf of an incompetentspouse and who has been appointed pursuant to a durable power of attorneyexecuted in accordance with Chapter 32A of the General Statutes, a guardianappointed in accordance with Chapter 35A of the General Statutes, or a guardianad litem appointed in accordance with G.S. 1A‑1, Rules 17 and 25(b), maycommence, defend, maintain, arbitrate, mediate, or settle any action authorizedby this Chapter on behalf of an incompetent spouse. However, only a competentspouse may commence an action for absolute divorce.  (1991, c. 610, s. 1; 2009‑224,s. 1.)