NORTH CAROLINA GENERAL ASSEMBLY

1971 SESSION

 

 

CHAPTER 197

SENATE BILL 247

 

 

AN ACT TO AMEND G.S. 47-115.1 REGARDING POWERS OF ATTORNEY.

 

The General Assembly of North Carolina do enact:

 

Section 1.  G.S. 47-415.1(d) as the same appears in the 1966 Replacement Volume 2A of the General Statutes is hereby amended by inserting after the period and before the word "Within" in line nine (9) thereof, a new sentence to read as follows, "A power of attorney executed pursuant to the provisions of this section shall be valid from the time of registration thereof even though the time of such registration is subsequent to the mental incapacity or incompetence of the principal." so that G.S. 47-415.1(d) reads as follows:

"(d)      No power of attorney executed pursuant to the provisions of this section shall be valid but from the time of registration thereof in the office of the register of deeds of that county in this State designated in the power of attorney, or if no place of registration is designated, in the office of the register of deeds of the county in which the principal has his legal residence at the time of such registration or, if the principal has no legal residence in this State at the time of registration or the attorney in fact is uncertain as to the principal's residence in this State, in some county in the State in which the principal owns property or the county in which one or more of the attorneys in fact reside. A power of attorney executed pursuant to the provisions of this section shall be valid from the time of registration thereof even though the time of such registration is subsequent to the mental incapacity or incompetence of the principal. Within thirty (30) days after the registration of the power of attorney as above provided, the attorney in fact shall file with the clerk of the superior court in the county of such registration a copy of the power of attorney, but failure to file with the clerk shall not affect validity of the instrument."

Sec. 2.  All laws and clauses of laws in conflict with this act are hereby repealed.

Sec. 3.  This act shall be in full force and effect upon ratification.

In the General Assembly read three times and ratified, this the 15th day of April, 1971.