NORTH CAROLINA GENERAL ASSEMBLY

1965 SESSION

 

 

CHAPTER 856

HOUSE BILL 327

 

 

AN ACT TO REWRITE G.S. 39-12 TO PROVIDE THAT MARRIED PERSONS MAY EXECUTE POWERS OF ATTORNEY AFFECTING THEIR REAL AND PERSONAL PROPERTY.

 

The General Assembly of North Carolina do enact:

 

Section 1.  G.S. 39-12 is hereby amended by rewriting the Section to read as follows:

"G.S. 39-12.  Power of Attorney of Married Person. Every competent married person of lawful age is authorized to execute, without the joinder of his or her spouse, instruments creating powers of attorney affecting the real and personal property of such married person naming either third parties or, subject to the provisions of G.S. 52-6, his or her spouse as attorney in fact. Such instrument's may confer upon the attorney, and the attorney may exercise, any and all powers which lawfully can be conferred upon an attorney in fact, including, but not limited to, the authority to join in conveyances of real property for the purpose of waiving or quitclaiming any rights which may be acquired as a surviving spouse under the provisions of G.S. 29-30."

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  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 3.  This Act shall become effective upon its ratification.

In the General Assembly read three times and ratified, this the 8th day of June, 1965.