North Carolina § 32C-1-112 - Reimbursement and compensation of agent.

§ 32C-1-112. Reimbursement and compensation of agent.

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. 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. 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. History (2017-153, s. 1; 2018-142, s. 29.) NORTH CAROLINA COMMENT Subsection (b), which modified Section 112 of the Uniform Power of Attorney Act providing that an agent is entitled to recover reasonable compensation, brought forward the provisions of former G.S. 32A-11(c) that when the power of attorney does not specify the amount of compensation and the principal is incapacitated, the agent is to receive compensation as determined by the clerk of superior court after considering the factors set forth in G.S. 32-54(b) . Subsection (c) is generally consistent with G.S. 32-59 which provides for reimbursement for expenses incurred by fiduciaries other than trustees. Editor's Note. - Session Laws 2017-153, s. 3, provides, in part: "The Revisor of Statutes shall cause to be printed, as annotations to the published General Statutes, all relevant portions of the Official Comments to the Uniform Power of Attorney Act (2006) and all explanatory comments of the drafters of this act as the Revisor may deem appropriate." Effect of Amendments. - Session Laws 2018-142, s. 29, effective December 15, 2018, in subsection (c), inserted "upon request to the clerk of superior court pursuant to G.S. 32-59 " following "an agent is entitled."