NORTH CAROLINA GENERAL ASSEMBLY

1967 SESSION

 

 

CHAPTER 1087

HOUSE BILL 1148

 

 

AN ACT TO AMEND G.S. 47-115.1, RELATING TO THE APPOINTMENT OF AN ATTORNEY IN FACT, SO AS TO PROVIDE FOR THE COMMISSIONS TO BE PAID SUCH ATTORNEY IN FACT IN THE EVENT THE PRINCIPAL BECOMES INCOMPETENT.

 

The General Assembly of North Carolina do enact:

 

Section 1.  G.S. 47-115.1 is amended by adding at the end thereof a new subsection (k) to read as follows:

"(k)      In the event that any power of attorney executed pursuant to the provisions of this Section does not contain the amount of commissions the attorney in fact is entitled to receive or the way such commissions are to be determined, and the principal should thereafter become incompetent, the commissions such attorney in fact shall receive shall be fixed in the discretion of the clerk of superior court pursuant to the provisions of G.S. 28-170."

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  All laws and clauses of laws in conflict with this Act are hereby repealed.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 from and after its ratification.

In the General Assembly read three times and ratified, this the 3rd day of July, 1967.