North Carolina § 32C-4-403 - Effect on existing powers of attorney.

§ 32C-4-403. Effect on existing powers of attorney.

Except as otherwise provided in this Chapter, the following apply on January 1, 2018. This Chapter applies to a power of attorney created before, on, or after January 1, 2018, unless there is clear indication of a contrary intent in the terms of a power of attorney or unless application of a particular provision of this Chapter would substantially impair rights of a party. This Chapter applies to a judicial proceeding concerning a power of attorney commenced on or after January 1, 2018. This Chapter applies to a judicial proceeding concerning a power of attorney commenced before January 1, 2018, unless the court finds that application of a provision of this Chapter would substantially interfere with the effective conduct of the judicial proceeding or prejudice the rights of a party, in which case that the particular provision of this Chapter does not apply and the superseded law applies. A rule of construction or presumption provided by this Chapter, including the rule of G.S. 32C-1-104 regarding durability of a power of attorney, applies to powers of attorney executed before January 1, 2018, unless there is a clear indication of a contrary intent in the terms of a power of attorney or unless the application of the rule of construction or presumption would substantially impair rights of a party created under North Carolina law in effect prior to January 1, 2018, in which case the rule of construction or presumption does not apply and the superseded rule of construction or presumption applies. If a right is acquired, extinguished, or banned upon the expiration of a prescribed period that commenced under law of this State other than this Chapter before January 1, 2018, that statute continues to apply to the right even if it has been repealed or superseded. References to prior statutes in powers of attorney, whether executed on or after the adoption of this Chapter shall be deemed to refer to the corresponding provisions this Chapter unless application of the rule of construction would substantially impair substantial rights of a party. Notwithstanding the provisions of this Chapter, the powers conferred by former G.S. 32A-2 shall apply to a Statutory Short Form Power of Attorney that was created in accordance with former G.S. 32A-1 prior to January 1, 2018. In subdivision (a)(1) language was added that the Chapter applies to a power of attorney created on or before the effective date of this Chapter "unless there is a clear indication or contrary intent in the terms of the power of attorney or unless application of a particular provision of this Chapter would substantially impair rights of a party". History (2017-153, s. 1; 2018-142, s. 33.) NORTH CAROLINA COMMENT Subsection (a) modified that subsection of Section 403 of the Uniform Power of Attorney Act as follows: (ii) Subdivision (a)(4) providing that "an act done before the effective date of the [act] is not affected by the [act]" was omitted. (iii) A new subdivision (a)(4) was added regarding the rules of a construction or presumption that is also based on similar language in G.S. 36C-11-1106(b) of the North Carolina Uniform Trust Code and G.S. 31D-6-603(a)(4) of the North Carolina Uniform Powers of Appointment Act. Subsection (b) was also added based on G.S. 31D-6-603(b) of the North Carolina Uniform Powers of Appointment Act. Subsection (c) was added concerning references to prior statutes and powers of attorney. Subsection (d) was also added to provide that the powers conferred by former G.S. 32A-2 shall apply to a Statutory Short Form Power of Attorney that was created in accordance with former G.S. 32A-1 prior to January 1, 2018. The intent of this subsection is to clarify that the powers so conferred by former G.S. 32A-2 are not to be construed as applying to the authorities described in G.S. 32C-2-204 through G.S. 32C-2-217. 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. 33, effective December 15, 2018, in subdivision (a)(4), inserted "including the rule of G.S. 32C-1-104 regarding durability of a power of attorney" following "provided by this Chapter"; and in subsection (c), substituted "in" for "and" following "prior statues."