reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 32A - Powers of Attorney › Article 3 - Health Care Powers of Attorney. › § 32A-17 - Who may make a health care power of attorney.

§ 32A-17. Who may make a health care power of attorney.
Any person having understanding and capacity to make and communicate health care decisions, who is 18 years of age or older, may make a health care power of attorney. (1991, c. 639, s. 1.)
2023 North Carolina General Statutes › Chapter 32A - Powers of Attorney › Article 3 - Health Care Powers of Attorney. › § 32A-18 - Who may act as a health care attorney-in-fact.

§ 32A-18. Who may act as a health care attorney-in-fact.
Any competent person who is not engaged in providing health care to the principal for remuneration, and who is 18 years of age or older, may act as a health care agent. (1991, c. 639, s. 1.)
2023 North Carolina General Statutes › Chapter 32A - Powers of Attorney › Article 3 - Health Care Powers of Attorney. › § 32A-21 - Appointment, resignation, removal, and substitution.

§ 32A-21. Appointment, resignation, removal, and substitution.
(a) A health care power of attorney may contain provisions relating to the appointment, resignation, removal and substitution of the health care agent.
(b) If all health care agents named in the instrument or substituted, die or for any reason fail or refuse to act, and all methods of substitution have been exhausted, the health care power of attorney shall cease to be effective. (1991, c. 639, s. 1.)
2023 North Carolina General Statutes › Chapter 32A - Powers of Attorney › Article 3 - Health Care Powers of Attorney. › § 32A-22 - Relation of the health care agent to a court-appointed fiduciary and to a general attorney-in-fact.

§ 32A-22. Relation of the health care agent to a court-appointed fiduciary and to a general attorney-in-fact.
(a) If, following the execution of a health care power of attorney, a court of competent jurisdiction appoints a guardian of the person of the principal, or a general guardian with powers 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 the health care agent during the guardianship. The court may suspend the authority of the health care agent for good cause shown, provided that the court's order must direct whether the guardian shall act consistently with the health care power of attorney or whether and in what respect the guardian may deviate from it. Any order suspending the authority of the health care agent must set forth the court's findings of fact and conclusions of law. The guardian shall act consistently with G.S. 35A-1201(a)(5). A health care provider shall be fully protected from liability in relying on a health care power of attorney until given actual notice of the court's order suspending the authority of the health care agent.
(b) A principal may nominate, by a health care power of attorney, the guardian of the person of the principal if a guardianship proceeding is thereafter commenced. The court shall make its appointment in accordance with the principal's most recent nomination in an unrevoked health care power of attorney, except for good cause shown.
(c) The execution of a health care power of attorney shall not revoke, restrict or otherwise affect any nonhealth care powers granted by the principal to an attorney-in-fact pursuant to a general power of attorney; provided that the powers granted to the health care agent with respect to health care matters shall be superior to any similar powers granted by the principal to an attorney-in-fact under a general power of attorney.
(d) A health care power of attorney may be combined with or incorporated into a general power of attorney 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.)
2023 North Carolina General Statutes › Chapter 32A - Powers of Attorney › Article 3 - Health Care Powers of Attorney. › § 32A-23 - Article 2, Chapter 32A, not applicable.

§ 32A-23. Article 2, Chapter 32A, not applicable.
The provisions of Article 2 of this Chapter shall not be applicable to a health care power of attorney executed pursuant to this Article. (1991, c. 639, s. 1.)
2023 North Carolina General Statutes › Chapter 32A - Powers of Attorney › Article 3 - Health Care Powers of Attorney. › § 32A-24 - Reliance on health care power of attorney; defense.

§ 32A-24. Reliance on health care power of attorney; defense.
(a) Any physician or other health care provider involved in the medical care of the principal may rely upon the authority of the health care agent contained in a signed and acknowledged health care power of attorney in the absence of actual knowledge of revocation of the health care power of attorney. The physician or health care provider may rely upon a copy of the health care power of attorney obtained from the Advance Health Care Directive Registry maintained by the Secretary of State pursuant to Article 21 of Chapter 130A of the General Statutes to the same extent that the individual may rely upon the original document.
(b) All health care decisions made by a health care agent pursuant to a health care power of attorney during any period following a determination that the principal lacks understanding or capacity to make or communicate health care decisions shall have the same effect as if the principal were not incapacitated and were present and acting on his or her own behalf. Any health care provider relying in good faith on the authority of a health care agent shall be protected to the full extent of the power conferred upon the health care agent, and no person so relying on the authority of the health care agent shall be liable, by reason of his reliance, for actions taken pursuant to a decision of the health care agent.
(c) The withholding or withdrawal of life-prolonging measures by or under the orders of a physician pursuant to the authorization of a health care agent shall not be considered suicide or the cause of death for any civil or criminal purpose nor shall it be considered unprofessional conduct or a lack of professional competence. Any person, institution or facility, including without limitation the health care agent and the attending physician, against whom criminal or civil liability is asserted because of conduct described in this section, may interpose this section as a defense.
(d) The protections of this section extend to any valid health care power of attorney, including a document valid under G.S. 32A-27; these protections are not limited to health care powers of attorney prepared in accordance with the statutory form provided in G.S. 32A-25.1, or to health care powers of attorney filed with the Advance Health Care Directive Registry maintained by the Secretary of State. A health care provider may rely in good faith on an oral or written statement by legal counsel that a document appears to meet applicable statutory requirements for a health care power of attorney. These protections also extend to a document executed in another jurisdiction that is valid as a health care power of attorney under G.S. 32A-27. A health care provider shall have no liability for acting in accordance with a revoked health care power of attorney unless that provider has actual notice of the revocation. (1991, c. 639, s. 1; 2001-455, s. 3; 2001-513, s. 30(b); 2007-502, ss. 5(a), (b).)
2023 North Carolina General Statutes › Chapter 32A - Powers of Attorney › Article 3 - Health Care Powers of Attorney. › § 32A-26 - Health care power of attorney and declaration of desire for natural death.

§ 32A-26. Health care power of attorney and declaration of desire for natural death.
A health care power of attorney meeting the requirements of this Article may be combined with or incorporated into a Declaration of A Desire For A Natural Death which meets the requirements of Article 23 of Chapter 90 of the General Statutes. (1991, c. 639, s. 1.)
2023 North Carolina General Statutes › Chapter 32A - Powers of Attorney › Article 3 - Health Care Powers of Attorney. › § 32A-27 - Health care powers of attorney executed in other jurisdictions.

§ 32A-27. Health care powers of attorney executed in other jurisdictions.
Notwithstanding G.S. 32A-16(3), a health care power of attorney or similar document executed in a jurisdiction other than North Carolina shall be valid as a health care power of attorney in this State if it appears to have been executed in accordance with the applicable requirements of that jurisdiction or of this State. (2007-502, s. 7.)
2023 North Carolina General Statutes › Chapter 32A - Powers of Attorney › Article 4 - Consent to Health Care for Minor. › § 32A-28 - Purpose.

§ 32A-28. Purpose.
(a) The General Assembly recognizes as a matter of public policy the fundamental right of a parent to delegate decisions relating to health care for the parent's minor child where the parent is unavailable for a period of time by reason of travel or otherwise.
(b) The purpose of this Article is to establish a nonexclusive method for a parent to authorize in the parent's absence consent to health care for the parent's minor child. This Article is not intended to be in derogation of the common law or of Article 1A of Chapter 90 of the General Statutes. (1993, c. 150, s. 1.)
2023 North Carolina General Statutes › Chapter 32A - Powers of Attorney › Article 4 - Consent to Health Care for Minor. › § 32A-29 - Definitions.

§ 32A-29. Definitions.
As used in this Article, unless the context clearly requires otherwise, the term:
(1) "Agent" means the person authorized pursuant to this Article to consent to and authorize health care for a minor child.
(2) "Authorization to consent to health care for minor" means a written instrument, signed by the custodial parent and acknowledged before a notary public, pursuant to which the custodial parent authorizes an agent to authorize and consent to health care for the minor child of the custodial parent, and which substantially meets the requirements of this Article.
(3) "Custodial parent" means a parent having sole or joint legal custody of that parent's minor child.
(4) "Health care" means any care, treatment, service or procedure to maintain, diagnose, treat, or provide for a minor child's physical or mental or personal care and comfort, including life sustaining procedures and dental care.
(5) "Life sustaining procedures" are those forms of care or treatment which only serve to artificially prolong life and may include mechanical ventilation, dialysis, antibiotics, artificial nutrition and hydration, and other forms of treatment which sustain, restore, or supplant vital bodily functions, but do not include care necessary to provide comfort or to alleviate pain.
(6) "Minor or minor child" means an individual who has not attained the age of 18 years and who has not been emancipated. (1993, c. 150.)
2023 North Carolina General Statutes › Chapter 32A - Powers of Attorney › Article 4 - Consent to Health Care for Minor. › § 32A-30 - Who may make an authorization to consent to health care for minor.

§ 32A-30. Who may make an authorization to consent to health care for minor.
Any custodial parent having understanding and capacity to make and communicate health care decisions who is 18 years of age or older or who is emancipated may make an authorization to consent to health care for the parent's minor child. (1993, c. 150, s. 1.)
2023 North Carolina General Statutes › Chapter 32A - Powers of Attorney › Article 4 - Consent to Health Care for Minor. › § 32A-31 - Extent and limitations of authority.

§ 32A-31. Extent and limitations of authority.
(a) A custodial parent of a minor child, pursuant to an authorization to consent to health care for minor, may grant an agent full power and authority to consent to and authorize health care for the minor child to the same extent that a custodial parent could give such consent and authorization.
(b) An authorization to consent to health care for minor may contain, and the authority of the agent designated shall be subject to, any specific limitations or restrictions as the custodial parent deems appropriate.
(c) A custodial parent may not, pursuant to an authorization to consent to health care for minor, authorize an agent to consent to the withholding or withdrawal of life sustaining procedures. (1993, c. 150, s. 1.)
2023 North Carolina General Statutes › Chapter 32A - Powers of Attorney › Article 4 - Consent to Health Care for Minor. › § 32A-32 - Duration of authorization; revocation.

§ 32A-32. Duration of authorization; revocation.
(a) An authorization to consent to health care for minor shall be automatically revoked as follows:
(1) If the authorization to consent to health care for minor specifies a date after which it shall not be effective, then the authorization shall be automatically revoked upon such date.
(2) An authorization to consent to health care for minor shall be revoked upon the minor child's attainment of the age of 18 years or upon the minor child's emancipation.
(3) An authorization to consent to health care for minor executed by a custodial parent shall be revoked upon the termination of such custodial parent's rights to custody of the minor child.
(b) An authorization to consent to health care for minor may be revoked at any time by the custodial parent making such authorization. The custodial parent may exercise such right of revocation by executing and acknowledging an instrument of revocation, by executing and acknowledging a subsequent authorization to consent to health care for the minor, or in any other manner in which the custodial parent is able to communicate the parent's intent to revoke. Such revocation shall become effective only upon communication by the custodial parent to the agent named in the revoked authorization.
(c) In the event of a disagreement regarding the health care for a minor child between two or more agents authorized pursuant to this Article to consent to and authorize health care for a minor, or between any such agent and a parent of the minor, whether or not the parent is a custodial parent, then any authorization to consent to health care for minor designating any person as an agent shall be revoked during the period of such disagreement, and the provisions of health care for the minor during such period shall be governed by the common law, the provisions of Article 1A of Chapter 90, and other provisions of law, as if no authorization to consent to health care for minor had been executed.
(d) An authorization to consent to health care for minor shall not be affected by the subsequent incapacity or mental incompetence of the custodial parent making such authorization. (1993, c. 150, s. 1.)
2023 North Carolina General Statutes › Chapter 32A - Powers of Attorney › Article 4 - Consent to Health Care for Minor. › § 32A-33 - Reliance on authorization to consent to health care for minor.

§ 32A-33. Reliance on authorization to consent to health care for minor.
(a) Any physician, dentist, or other health care provider involved in the health care of a minor child may rely upon the authority of the agent named in a signed and acknowledged authorization to consent to health care for minor in the absence of actual knowledge that the authorization has been revoked or is otherwise invalid.
(b) Any consent to health care for a minor child given by an agent pursuant to an authorization to consent to health care for minor shall have the same effect as if the custodial parent making the authorization were present and acting on behalf of the parent's minor child. Any physician, dentist, or other health care provider relying in good faith on the authority of an agent shall be protected to the full extent of the power conferred upon the agent, and no person so relying on the authority of the agent shall be liable, by reason of reliance, for actions taken pursuant to a consent of the agent. (1993, c. 150, s. 1.)
2023 North Carolina General Statutes › Chapter 32A - Powers of Attorney › Article 4 - Consent to Health Care for Minor. › § 32A-34 - Statutory form authorization to consent to health care for minor.

§ 32A-34. Statutory form authorization to consent to health care for minor.
The use of the following form in the creation of any authorization to consent to health care for minor is lawful and, when used, it shall meet the requirements and be construed in accordance with the provisions of this Article.
I, ____________, of ____________ County, ____________, am the custodial parent having legal custody of____________, a minor child, age______, born________, ____ . I authorize____________, an adult in whose care the minor child has been entrusted, and who resides at____________, to do any acts which may be necessary or proper to provide for the health care of the minor child, including, but not limited to, the power (i) to provide for such health care at any hospital or other institution, or the employing of any physician, dentist, nurse, or other person whose services may be needed for such health care, and (ii) to consent to and authorize any health care, including administration of anesthesia, X-ray examination, performance of operations, and other procedures by physicians, dentists, and other medical personnel except the withholding or withdrawal of life sustaining procedures.
[Optional: This consent shall be effective from the date of execution to and including____________,_____].
By signing here, I indicate that I have the understanding and capacity to communicate health care decisions and that I am fully informed as to the contents of this document and understand the full import of this grant of powers to the agent named herein.
(SEAL)
Custodial Parent Date
STATE OF NORTH CAROLINA
COUNTY OF
On this ________ day of__________, ____, personally appeared before me the named_________, to me known and known to me to be the person described in and who executed the foregoing instrument and he (or she) acknowledges that he (or she) executed the same and being duly sworn by me, made oath that the statements in the foregoing instrument are true.
Notary Public
My Commission Expires:
(OFFICIAL SEAL). (1993, c. 150, s. 1; 1999-456, s. 59.)
2023 North Carolina General Statutes › Chapter 32C - North Carolina Uniform Power of Attorney Act › Article 1 - Definitions and General Provisions. › § 32C-1-103 - Applicability.

§ 32C-1-103. Applicability.
This Chapter applies to all powers of attorney except the following:
(1) A power to the extent it is coupled with an interest in the subject of the power, including a power given to or for the benefit of a creditor in connection with a credit transaction.
(2) A power to make health care decisions.
(3) A proxy or other delegation to exercise voting rights or management rights with respect to an entity.
(4) A power created on a form prescribed by a government or governmental subdivision, agency, or instrumentality for a governmental purpose. (2017-153, s. 1.)
2023 North Carolina General Statutes › Chapter 32C - North Carolina Uniform Power of Attorney Act › Article 1 - Definitions and General Provisions. › § 32C-1-104 - Power of attorney; durability.

§ 32C-1-104. Power of attorney; durability.
A power of attorney created pursuant to this Chapter is durable unless the instrument expressly provides that it is terminated by the incapacity of the principal. (2017-153, s. 1.)
2023 North Carolina General Statutes › Chapter 32C - North Carolina Uniform Power of Attorney Act › Article 1 - Definitions and General Provisions. › § 32C-1-105 - Execution of power of attorney.

§ 32C-1-105. Execution of power of attorney.
A power of attorney must be (i) signed by the principal or in the principal's conscious presence by another individual directed by the principal to sign the principal's name on the power of attorney and (ii) acknowledged. A signature on a power of attorney is presumed to be genuine if the principal acknowledges the signature before a notary public or other individual authorized by law to take acknowledgements. (2017-153, s. 1.)
2023 North Carolina General Statutes › Chapter 32C - North Carolina Uniform Power of Attorney Act › Article 1 - Definitions and General Provisions. › § 32C-1-106 - Validity of power of attorney.

§ 32C-1-106. Validity of power of attorney.
(a) A power of attorney executed in this State on or after January 1, 2018, is valid if its execution complies with G.S. 32C-1-105.
(b) A power of attorney executed in this State before January 1, 2018, the effective date of this Chapter is valid if its execution complied with the law of this State as it existed at the time of execution.
(c) A power of attorney executed other than in this State is valid in this State if, when the power of attorney was executed, the execution complied with any of the following:
(1) The law of the jurisdiction that determines the meaning and effect of the power of attorney pursuant to G.S. 32C-1-107.
(2) The requirements for a military power of attorney pursuant to 10 U.S.C. § 1044b, as amended.
(d) Except as otherwise provided by statute other than this Chapter, a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original. (2017-153, s. 1.)
2023 North Carolina General Statutes › Chapter 32C - North Carolina Uniform Power of Attorney Act › Article 1 - Definitions and General Provisions. › § 32C-1-107 - Meaning and effect of power of attorney.

§ 32C-1-107. Meaning and effect of power of attorney.
The meaning and effect of a power of attorney is determined by the law of the jurisdiction indicated in the power of attorney and, in the absence of an indication of jurisdiction, by the law of the jurisdiction in which the power of attorney was executed. (2017-153, s. 1.)
2023 North Carolina General Statutes › Chapter 32C - North Carolina Uniform Power of Attorney Act › Article 1 - Definitions and General Provisions. › § 32C-1-108 - Nomination of guardian; relation of agent to court-appointed fiduciary.

§ 32C-1-108. Nomination of guardian; relation of agent to court-appointed fiduciary.
(a) In a power of attorney, a principal may nominate a guardian of the principal's estate, or guardian of the principal's person, or general guardian for consideration by the clerk of superior court if protective proceedings for the principal's estate or person are begun after the principal executes the power of attorney. Except for good cause shown or disqualification, the clerk of superior court shall make its appointment in accordance with the principal's most recent nomination. If a guardian of the principal's person is nominated in a health care power of attorney, that nomination shall control over the nomination, if any, in a power of attorney.
(b) If, after a principal executes a power of attorney, the clerk of superior court appoints a guardian of the principal's estate, or general guardian or other fiduciary charged with the management of some or all of the principal's property, the agent is accountable to the guardian or the fiduciary as well as to the principal. The power of attorney is not terminated and the agent's authority continues unless suspended or terminated by the clerk of superior court pursuant to G.S. 32C-1-116(a)(2) or terminated by the guardian of the principal's estate or general guardian pursuant to G.S. 32C-1-110(a)(7) or G.S. 32C-1-110(b)(5). (2017-153, s. 1; 2018-142, s. 27(a).)
2023 North Carolina General Statutes › Chapter 32C - North Carolina Uniform Power of Attorney Act › Article 1 - Definitions and General Provisions. › § 32C-1-109 - When power of attorney effective.

§ 32C-1-109. When power of attorney effective.
(a) A power of attorney is effective when executed unless the principal provides in the power of attorney that it becomes effective at a future date or upon the occurrence of a future event or contingency.
(b) If a power of attorney becomes effective upon the occurrence of a future event or contingency, the principal, in the power of attorney, may authorize one or more persons to determine in a writing or other record that the event or contingency has occurred.
(c) If a power of attorney becomes effective upon the principal's incapacity and the principal has not authorized a person to determine whether the principal is incapacitated, or the person authorized is unable or unwilling to make the determination, the power of attorney becomes effective upon a determination in a writing or other record in one of the following manners:
(1) After a personal examination of the principal, by two individuals who are either a physician, a licensed psychologist, or both, that the principal is incapacitated within the meaning of G.S. 32C-1-102(6)a.
(2) By an attorney-at-law, a judge, or an appropriate governmental official that the principal is incapacitated within the meaning of G.S. 32C-1-102(6)b.
Notwithstanding the subsequent capacity of the principal to manage property or business affairs, a power of attorney which becomes effective under this subsection shall remain effective until its termination pursuant to G.S. 32C-1-110(a) or the agent's authority terminates pursuant to G.S. 32C-1-110(b).
(d) A person authorized by the principal in the power of attorney to determine that the principal is incapacitated may act as the principal's personal representative pursuant to the Health Insurance Portability and Accountability Act, §§ 1171 through 1179 of the Social Security Act, 42 U.S.C. § 1320d, as amended, and applicable regulations, to obtain access to the principal's health care information and communicate with the principal's health care provider. (2017-153, s. 1; 2018-142, s. 28(a).)
2023 North Carolina General Statutes › Chapter 32C - North Carolina Uniform Power of Attorney Act › Article 1 - Definitions and General Provisions. › § 32C-1-111 - Coagents and successor agents.

§ 32C-1-111. Coagents and successor agents.
(a) A principal may designate two or more persons to act as coagents. A principal may expressly require in the power of attorney that coagents act jointly. If a principal does not expressly require that coagents act jointly, each coagent may exercise the coagents' authority independently without the knowledge, consent, or joinder of any other coagent or coagents. Unless the power of attorney otherwise provides and if any one or more coagents resigns, dies, becomes incapacitated, or otherwise fails to act, the remaining agent or coagents may continue to act.
(b) A principal may designate one or more successor agents to act if an agent resigns, dies, becomes incapacitated, is not qualified to serve, or declines to serve. A principal may grant authority to designate one or more successor agents to an agent or other person designated by name, office, or function. Unless the power of attorney otherwise provides, a successor agent shall have the following powers and limitations:
(1) The successor agent has the same authority as that granted to the original agent.
(2) The successor agent may not act until all predecessor agents have resigned, died, become incapacitated, are no longer qualified to serve, or have declined to serve.
(c) Except as otherwise provided in the power of attorney, an agent that does not participate in or conceal a breach of fiduciary duty committed by another agent, including a predecessor agent, is not liable for the actions of the other agent.
(d) An agent that has actual knowledge of a breach or imminent breach of fiduciary duty by another agent shall notify the principal and, if the principal is incapacitated, take any action reasonably appropriate in the circumstances to safeguard the principal's best interest. An agent that fails to notify the principal or take action as required by this subsection is liable for the reasonably foreseeable damages that could have been avoided if the agent had notified the principal or taken such action. (2017-153, s. 1.)
2023 North Carolina General Statutes › Chapter 32C - North Carolina Uniform Power of Attorney Act › Article 1 - Definitions and General Provisions. › § 32C-1-112 - Reimbursement and compensation of agent.

§ 32C-1-112. Reimbursement and compensation of agent.
(a) If the terms of the power of attorney specify the amount or the way the compensation is to be determined, the agent is entitled to the compensation as specified.
(b) If the terms of the power of attorney do not specify the amount or the way the compensation is to be determined, and the principal thereafter becomes incapacitated, then subsequent to the principal's incapacity the agent is entitled to receive reasonable compensation as determined by the clerk of superior court in accordance with G.S. 32-59.
(c) Unless the power of attorney otherwise provides, an agent is entitled upon request to the clerk of superior court pursuant to G.S. 32-59 to be reimbursed for expenses properly incurred on behalf of the principal. (2017-153, s. 1; 2018-142, s. 29.)
2023 North Carolina General Statutes › Chapter 32C - North Carolina Uniform Power of Attorney Act › Article 1 - Definitions and General Provisions. › § 32C-1-113 - Agent's acceptance.

§ 32C-1-113. Agent's acceptance.
Except as otherwise provided in the power of attorney, a person accepts appointment as an agent under a power of attorney by exercising authority or performing duties as an agent or by any other assertion or conduct indicating acceptance. (2017-153, s. 1.)
2023 North Carolina General Statutes › Chapter 32C - North Carolina Uniform Power of Attorney Act › Article 1 - Definitions and General Provisions. › § 32C-1-115 - Exoneration of agent.

§ 32C-1-115. Exoneration of agent.
A provision in a power of attorney relieving an agent of liability for breach of duty is binding on the principal and the principal's successors in interest except to the extent the provision relieves the agent of liability for breach of duty committed (i) in bad faith or (ii) with reckless indifference to the purposes of the power of attorney or the best interest of the principal. (2017-153, s. 1.)
2023 North Carolina General Statutes › Chapter 32C - North Carolina Uniform Power of Attorney Act › Article 1 - Definitions and General Provisions. › § 32C-1-118 - Agent's resignation; notice.

§ 32C-1-118. Agent's resignation; notice.
Unless the power of attorney provides a different method for an agent's resignation, an agent may resign by giving written notice of resignation to the following:
(1) To the principal if the principal is not incapacitated.
(2) If the principal is incapacitated, to (i) the guardian of the principal's estate, the guardian of the principal's person, or general guardian, if one has been appointed, and (ii) any coagent or, if none, the successor agent next designated. (2017-153, s. 1.)
2023 North Carolina General Statutes › Chapter 32C - North Carolina Uniform Power of Attorney Act › Article 1 - Definitions and General Provisions. › § 32C-1-121 - Principles of law and equity.

§ 32C-1-121. Principles of law and equity.
The common law, including the common law of agency, and principles of equity supplement this Chapter, except to the extent modified by this Chapter or another provision of the General Statutes. (2017-153, s. 1.)
2023 North Carolina General Statutes › Chapter 32C - North Carolina Uniform Power of Attorney Act › Article 1 - Definitions and General Provisions. › § 32C-1-122 - Laws applicable to financial institutions and other entities.

§ 32C-1-122. Laws applicable to financial institutions and other entities.
This Chapter does not supersede any other law applicable to financial institutions or other entities, and the other law controls if inconsistent with the provisions of this Chapter. (2017-153, s. 1.)
2023 North Carolina General Statutes › Chapter 32C - North Carolina Uniform Power of Attorney Act › Article 1 - Definitions and General Provisions. › § 32C-1-123 - Remedies under other law.

§ 32C-1-123. Remedies under other law.
The remedies under this Chapter are not exclusive and do not abrogate any right or remedy under the law of this State, other than this Chapter. (2017-153, s. 1.)
2023 North Carolina General Statutes › Chapter 32C - North Carolina Uniform Power of Attorney Act › Article 2 - Authority. › § 32C-2-202 - Incorporation of authority.

§ 32C-2-202. Incorporation of authority.
(a) An agent has authority described in this Chapter if the power of attorney refers to general authority with respect to the descriptive term for the subjects stated in G.S. 32C-2-204 through G.S. 32C-2-217 or cites the section in which the authority is described.
(b) A reference in a power of attorney to general authority with respect to the descriptive term for a subject in G.S. 32C-2-204 through G.S. 32C-2-217 or a citation to G.S. 32C-2-204 through G.S. 32C-2-217 incorporates the entire section as if it were set out in full in the power of attorney.
(c) A principal may modify authority incorporated by reference. (2017-153, s. 1; 2018-142, s. 31(b).)
2023 North Carolina General Statutes › Chapter 32C - North Carolina Uniform Power of Attorney Act › Article 2 - Authority. › § 32C-2-203 - Construction of authority, generally.

§ 32C-2-203. Construction of authority, generally.
Except as otherwise provided in the power of attorney, by executing a power of attorney that incorporates by reference a subject described in G.S. 32C-2-204 through G.S. 32C-2-217 or that grants to an agent authority to do all acts that a principal could do pursuant to G.S. 32C-2-201(d), a principal authorizes the agent, with respect to that subject, to do all of the following:
(1) Demand, receive, and obtain by litigation or otherwise, money or another thing of value to which the principal is, may become, or claims to be entitled, and conserve, invest, disburse, or use anything so received or obtained for the purposes intended.
(2) Contract in any manner with any person, on terms agreeable to the agent, to accomplish a purpose of a transaction and perform, rescind, cancel, terminate, reform, restate, release, or modify the contract or another contract made by or on behalf of the principal.
(3) Execute, acknowledge, seal, deliver, file, or record any instrument or communication the agent considers desirable to accomplish a purpose of a transaction, including creating at any time a schedule listing some or all of the principal's property and attaching it to the power of attorney.
(4) Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to a claim existing in favor of or against the principal or intervene in litigation relating to the claim.
(5) Seek on the principal's behalf the assistance of a court or other governmental agency to carry out an act authorized in the power of attorney.
(6) Engage, compensate, and discharge an attorney, accountant, discretionary investment manager, expert witness, or other advisor.
(7) Prepare, execute, and file a record, report, or other document to safeguard or promote the principal's interest under a statute or regulation.
(8) Communicate with any representative or employee of a government or governmental subdivision, agency, or instrumentality, on behalf of the principal.
(9) Access communications intended for, and communicate on behalf of the principal, whether by mail, electronic transmission, telephone, or other means.
(10) Do any lawful act with respect to the subject and all property related to the subject. (2017-153, s. 1; 2018-142, s. 31(c).)
2023 North Carolina General Statutes › Chapter 32C - North Carolina Uniform Power of Attorney Act › Article 2 - Authority. › § 32C-2-205 - Tangible personal property.

§ 32C-2-205. Tangible personal property.
Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to tangible personal property authorizes the agent to do all of the following:
(1) Demand, buy, receive, accept as a gift or as security for an extension of credit, or otherwise acquire or reject ownership or possession of tangible personal property or an interest in tangible personal property.
(2) Sell; exchange; convey with or without covenants, representations, or warranties; quitclaim; release; surrender; create a security interest in; grant options concerning; lease; sublease; or, otherwise dispose of tangible personal property or an interest in tangible personal property.
(3) Grant a security interest in tangible personal property or an interest in tangible personal property as security for the principal or any entity in which the principal has an ownership interest to borrow money or to pay, renew, or extend the time of payment of (i) a debt of the principal, (ii) a debt guaranteed by the principal, (iii) a debt of any entity in which the principal has an ownership interest, or (iv) a debt guaranteed by any entity in which the principal has an ownership interest.
(4) Release, assign, satisfy, or enforce by litigation or otherwise, a security interest, lien, or other claim on behalf of the principal, with respect to tangible personal property or an interest in tangible personal property.
(5) Manage or conserve tangible personal property or an interest in tangible personal property on behalf of the principal, including all of the following:
a. Insuring against liability or casualty or other loss.
b. Obtaining or regaining possession of or protecting the property or interest, by litigation or otherwise.
c. Paying, assessing, compromising, or contesting taxes or assessments or applying for and receiving refunds in connection with taxes or assessments.
d. Moving the property from place to place.
e. Storing the property for hire or on a gratuitous bailment.
f. Using and making repairs, alterations, or improvements to the property.
(6) Change the form of title of an interest in tangible personal property. (2017-153, s. 1.)
2023 North Carolina General Statutes › Chapter 32C - North Carolina Uniform Power of Attorney Act › Article 2 - Authority. › § 32C-2-206 - Stocks and bonds.

§ 32C-2-206. Stocks and bonds.
Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to stocks and bonds authorizes the agent to do all of the following:
(1) Buy, sell, and exchange stocks and bonds.
(2) Establish, continue, modify, or terminate an account with respect to stocks and bonds.
(3) Pledge stocks and bonds as security for the principal or any entity in which the principal has an ownership interest to borrow money, or to pay, renew, or extend the time of payment of (i) a debt of the principal, (ii) a debt guaranteed by the principal, (iii) a debt of any entity in which the principal has an ownership interest, or (iv) a debt guaranteed by any entity in which the principal has an ownership interest.
(4) Receive certificates and other evidences of ownership with respect to stocks and bonds.
(5) Exercise voting rights with respect to stocks and bonds in person or by proxy, enter into voting trusts, and consent to limitations on the right to vote. (2017-153, s. 1.)
2023 North Carolina General Statutes › Chapter 32C - North Carolina Uniform Power of Attorney Act › Article 2 - Authority. › § 32C-2-207 - Commodities and options.

§ 32C-2-207. Commodities and options.
Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to commodities and options authorizes the agent to do all of the following:
(1) Buy, sell, exchange, assign, settle, and exercise commodity futures contracts and call or put options on stocks or stock indexes traded on a regulated option exchange.
(2) Establish, continue, modify, and terminate option accounts. (2017-153, s. 1.)
2023 North Carolina General Statutes › Chapter 32C - North Carolina Uniform Power of Attorney Act › Article 2 - Authority. › § 32C-2-210 - Insurance and annuities.

§ 32C-2-210. Insurance and annuities.
Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to insurance and annuities authorizes the agent to do all of the following:
(1) Continue, pay the premium or make a contribution on, modify, exchange, rescind, release, or terminate a contract procured by or on behalf of the principal which insures or provides an annuity to either the principal or another person, whether or not the principal is a beneficiary under the contract.
(2) Procure new, different, and additional contracts of insurance and annuities for the principal and the principal's spouse, children, and other dependents, and select the amount, type of insurance or annuity, and mode of payment.
(3) Pay the premium or make a contribution on, modify, exchange, rescind, release, or terminate a contract of insurance or annuity procured by the agent.
(4) Apply for and receive a loan secured by a contract of insurance or annuity.
(5) Surrender and receive the cash surrender value on a contract of insurance or annuity.
(6) Exercise an election.
(7) Exercise investment powers available under a contract of insurance or annuity.
(8) Change the manner of paying premiums on a contract of insurance or annuity.
(9) Change or convert the type of insurance or annuity with respect to which the principal has or claims to have authority described in this section.
(10) Apply for and procure a benefit or assistance under a statute or regulation to guarantee or pay premiums of a contract of insurance on the life of the principal.
(11) Collect, sell, assign, hypothecate, borrow against, or pledge the interest of the principal in a contract of insurance or annuity.
(12) Select the form and timing of the payment of proceeds from a contract of insurance or annuity.
(13) Pay, from proceeds or otherwise, compromise or contest, and apply for refunds in connection with a tax or assessment levied by a taxing authority with respect to a contract of insurance or annuity or its proceeds or liability accruing by reason of the tax or assessment.
(14) Change the beneficiary to a state or other government entity to qualify the principal for medical assistance or other benefits notwithstanding G.S. 32C-2-201(a)(4) requiring an express grant of authority to change a beneficiary. (2017-153, s. 1.)
2023 North Carolina General Statutes › Chapter 32C - North Carolina Uniform Power of Attorney Act › Article 2 - Authority. › § 32C-2-211 - Estates, trusts, and other beneficial interests.

§ 32C-2-211. Estates, trusts, and other beneficial interests.
(a) In this section, the term "estate, trust, or other beneficial interest" means a trust, probate estate, guardianship, conservatorship, escrow, or custodianship or a fund from which the principal is, may become, or claims to be, entitled to a share or payment.
(b) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to estates, trusts, and other beneficial interests authorizes the agent to do all of the following:
(1) Accept, receive, receipt for, sell, assign, pledge, or exchange a share in or payment from an estate, trust, or other beneficial interest.
(2) Demand or obtain money or another thing of value to which the principal is, may become, or claims to be, entitled by reason of an estate, trust, or other beneficial interest, by litigation or otherwise.
(3) Exercise for the benefit of the principal a presently exercisable general power of appointment held by the principal.
(4) Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation to ascertain the meaning, validity, or effect of a deed, will, declaration of trust, or other instrument or transaction affecting the interest of the principal.
(5) Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation to remove, substitute, or surcharge a fiduciary.
(6) Conserve, invest, disburse, or use anything received for an authorized purpose.
(7) Transfer an interest of the principal in real property, stocks and bonds, accounts with financial institutions or securities intermediaries, insurance, annuities, and other property to the trustee of a revocable trust created by the principal as settlor. (2017-153, s. 1.)
2023 North Carolina General Statutes › Chapter 32C - North Carolina Uniform Power of Attorney Act › Article 2 - Authority. › § 32C-2-212 - Claims and litigation.

§ 32C-2-212. Claims and litigation.
Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to claims and litigation authorizes the agent to do all of the following:
(1) Assert and maintain before a court or administrative agency a claim, claim for relief, cause of action, counterclaim, offset, recoupment, or defense, including an action to recover property or other thing of value, recover damages sustained by the principal, eliminate or modify tax liability, or seek an injunction, specific performance, or other relief.
(2) Bring an action to determine adverse claims or intervene or otherwise participate in litigation.
(3) Seek an attachment, garnishment, order of arrest, or other preliminary, provisional, or intermediate relief and use an available procedure to effect or satisfy a judgment, order, or decree.
(4) Make or accept a tender, offer of judgment, or admission of facts, submit a controversy on an agreed statement of facts, consent to examination, and bind the principal in litigation.
(5) Submit to alternative dispute resolution, settle, and propose or accept a compromise.
(6) Waive the issuance and service of process upon the principal, accept service of process, appear for the principal, designate persons upon which process directed to the principal may be served, execute and file or deliver stipulations on the principal's behalf, verify pleadings, seek appellate review, procure and give surety and indemnity bonds, contract and pay for the preparation and printing of records and briefs, receive, execute, and file or deliver a consent, waiver, release, confession of judgment, satisfaction of judgment, notice, agreement, or other instrument in connection with the prosecution, settlement, or defense of a claim or litigation.
(7) Act for the principal with respect to bankruptcy or insolvency, whether voluntary or involuntary, concerning the principal or some other person, or with respect to a reorganization, receivership, or application for the appointment of a receiver or trustee which affects an interest of the principal in property or other thing of value.
(8) Pay a judgment, award, or order against the principal or a settlement made in connection with a claim or litigation.
(9) Receive money or other thing of value paid in settlement of or as proceeds of a claim or litigation. (2017-153, s. 1.)