(a) Unless (i) a personhas actual knowledge that a writing is not a valid power of attorney, or (ii)the action taken or to be taken by a person named as attorney‑in‑factin a writing that purports to confer a power of attorney is beyond the apparentpower or authority of that named attorney‑in‑fact as granted inthat writing, a person who in good faith relies on a writing that on its faceis duly signed, acknowledged, and otherwise appears regular, and that purportsto confer a power of attorney, durable or otherwise, shall be protected to thefull extent of the powers and authority that reasonably appear to be granted tothe attorney‑in‑fact designated in that writing, and no person sodealing in good faith with that named attorney‑in‑fact shall beheld responsible for any breach of fiduciary duty by that attorney‑in‑fact,including any breach of loyalty, any act of self‑dealing, or anymisapplication of money or other property paid or transferred as directed bythat attorney‑in‑fact. This subsection applies without regard towhether or not the person dealing with the attorney‑in‑fact demandsor receives an affidavit under subsection (b) of this section. A person whoconducts activities through employees or other agents has actual knowledge of afact involving a power of attorney only from the time the information wasreceived by an employee or agent having the authority to approve the power ofattorney presented.
(b) A person may, priorto acceptance of the authority of the attorney‑in‑fact or at anyother time, request an affidavit executed by the attorney‑in‑factto the effect that the attorney‑in‑fact did not have, at the timeof the presentation to the person of the writing purporting to confer a powerof attorney, actual knowledge of either (i) the revocation of the power ofattorney, or (ii) facts that would cause the attorney‑in‑fact toquestion the authenticity or validity of the power of attorney. An affidavitmeeting the requirements of this subsection shall be sufficient proof to therequesting person, as of the date of the affidavit, of (i) the nonrevocation ofthe power of attorney, and (ii) the authenticity and validity of the power ofattorney. If the exercise of the power of attorney requires execution anddelivery of an instrument that is recordable, the affidavit shall be preparedso as to be recordable. An affidavit prepared under this subsection may also beused as an affidavit under G.S. 32A‑13(c). An affidavit in the formdescribed in subsection (d) of this section shall be deemed to meet therequirements of this subsection but shall not be the sole means of meetingthose requirements.
(c) This section doesnot affect any provision in a power of attorney for its termination byexpiration of time or occurrence of an event other than an express revocationor a change in the principal's capacity.
(d) Example ofAffidavit of Attorney‑in‑Fact.
STATE OF _______________
COUNTY OF _____________
The undersigned does hereby stateand affirm the following:
(1) The undersigned isthe person named as Attorney‑in‑Fact in the Power of Attorneyexecuted by _____________________ ("Principal") on[date]_____________, ________________ (the "Power of Attorney").
(2) The Power ofAttorney is currently exercisable by the undersigned.
(3) The undersigned hasno actual knowledge of any of the following:
a. The Principal isdeceased.
b. The Power ofAttorney has been revoked or terminated, partially or otherwise.
c. The Principal lackedthe understanding and capacity to make and communicate decisions regarding hisestate and person at the time the Power of Attorney was executed.
d. The Power ofAttorney was not properly executed and is not a legal, valid power of attorney.
(4) The undersignedagrees not to exercise any powers granted under the Power of Attorney if theundersigned becomes aware that the Principal is deceased or has revoked suchpowers.
(a) Unless (i) a personhas actual knowledge that a writing is not a valid power of attorney, or (ii)the action taken or to be taken by a person named as attorney‑in‑factin a writing that purports to confer a power of attorney is beyond the apparentpower or authority of that named attorney‑in‑fact as granted inthat writing, a person who in good faith relies on a writing that on its faceis duly signed, acknowledged, and otherwise appears regular, and that purportsto confer a power of attorney, durable or otherwise, shall be protected to thefull extent of the powers and authority that reasonably appear to be granted tothe attorney‑in‑fact designated in that writing, and no person sodealing in good faith with that named attorney‑in‑fact shall beheld responsible for any breach of fiduciary duty by that attorney‑in‑fact,including any breach of loyalty, any act of self‑dealing, or anymisapplication of money or other property paid or transferred as directed bythat attorney‑in‑fact. This subsection applies without regard towhether or not the person dealing with the attorney‑in‑fact demandsor receives an affidavit under subsection (b) of this section. A person whoconducts activities through employees or other agents has actual knowledge of afact involving a power of attorney only from the time the information wasreceived by an employee or agent having the authority to approve the power ofattorney presented.
(b) A person may, priorto acceptance of the authority of the attorney‑in‑fact or at anyother time, request an affidavit executed by the attorney‑in‑factto the effect that the attorney‑in‑fact did not have, at the timeof the presentation to the person of the writing purporting to confer a powerof attorney, actual knowledge of either (i) the revocation of the power ofattorney, or (ii) facts that would cause the attorney‑in‑fact toquestion the authenticity or validity of the power of attorney. An affidavitmeeting the requirements of this subsection shall be sufficient proof to therequesting person, as of the date of the affidavit, of (i) the nonrevocation ofthe power of attorney, and (ii) the authenticity and validity of the power ofattorney. If the exercise of the power of attorney requires execution anddelivery of an instrument that is recordable, the affidavit shall be preparedso as to be recordable. An affidavit prepared under this subsection may also beused as an affidavit under G.S. 32A‑13(c). An affidavit in the formdescribed in subsection (d) of this section shall be deemed to meet therequirements of this subsection but shall not be the sole means of meetingthose requirements.
(c) This section doesnot affect any provision in a power of attorney for its termination byexpiration of time or occurrence of an event other than an express revocationor a change in the principal's capacity.
(d) Example ofAffidavit of Attorney‑in‑Fact.
STATE OF _______________
COUNTY OF _____________
The undersigned does hereby stateand affirm the following:
(1) The undersigned isthe person named as Attorney‑in‑Fact in the Power of Attorneyexecuted by _____________________ ("Principal") on[date]_____________, ________________ (the "Power of Attorney").
(2) The Power ofAttorney is currently exercisable by the undersigned.
(3) The undersigned hasno actual knowledge of any of the following:
a. The Principal isdeceased.
b. The Power ofAttorney has been revoked or terminated, partially or otherwise.
c. The Principal lackedthe understanding and capacity to make and communicate decisions regarding hisestate and person at the time the Power of Attorney was executed.
d. The Power ofAttorney was not properly executed and is not a legal, valid power of attorney.
(4) The undersignedagrees not to exercise any powers granted under the Power of Attorney if theundersigned becomes aware that the Principal is deceased or has revoked suchpowers.
(a) Unless (i) a personhas actual knowledge that a writing is not a valid power of attorney, or (ii)the action taken or to be taken by a person named as attorney‑in‑factin a writing that purports to confer a power of attorney is beyond the apparentpower or authority of that named attorney‑in‑fact as granted inthat writing, a person who in good faith relies on a writing that on its faceis duly signed, acknowledged, and otherwise appears regular, and that purportsto confer a power of attorney, durable or otherwise, shall be protected to thefull extent of the powers and authority that reasonably appear to be granted tothe attorney‑in‑fact designated in that writing, and no person sodealing in good faith with that named attorney‑in‑fact shall beheld responsible for any breach of fiduciary duty by that attorney‑in‑fact,including any breach of loyalty, any act of self‑dealing, or anymisapplication of money or other property paid or transferred as directed bythat attorney‑in‑fact. This subsection applies without regard towhether or not the person dealing with the attorney‑in‑fact demandsor receives an affidavit under subsection (b) of this section. A person whoconducts activities through employees or other agents has actual knowledge of afact involving a power of attorney only from the time the information wasreceived by an employee or agent having the authority to approve the power ofattorney presented.
(b) A person may, priorto acceptance of the authority of the attorney‑in‑fact or at anyother time, request an affidavit executed by the attorney‑in‑factto the effect that the attorney‑in‑fact did not have, at the timeof the presentation to the person of the writing purporting to confer a powerof attorney, actual knowledge of either (i) the revocation of the power ofattorney, or (ii) facts that would cause the attorney‑in‑fact toquestion the authenticity or validity of the power of attorney. An affidavitmeeting the requirements of this subsection shall be sufficient proof to therequesting person, as of the date of the affidavit, of (i) the nonrevocation ofthe power of attorney, and (ii) the authenticity and validity of the power ofattorney. If the exercise of the power of attorney requires execution anddelivery of an instrument that is recordable, the affidavit shall be preparedso as to be recordable. An affidavit prepared under this subsection may also beused as an affidavit under G.S. 32A‑13(c). An affidavit in the formdescribed in subsection (d) of this section shall be deemed to meet therequirements of this subsection but shall not be the sole means of meetingthose requirements.
(c) This section doesnot affect any provision in a power of attorney for its termination byexpiration of time or occurrence of an event other than an express revocationor a change in the principal's capacity.
(d) Example ofAffidavit of Attorney‑in‑Fact.
STATE OF _______________
COUNTY OF _____________
The undersigned does hereby stateand affirm the following:
(1) The undersigned isthe person named as Attorney‑in‑Fact in the Power of Attorneyexecuted by _____________________ ("Principal") on[date]_____________, ________________ (the "Power of Attorney").
(2) The Power ofAttorney is currently exercisable by the undersigned.
(3) The undersigned hasno actual knowledge of any of the following:
a. The Principal isdeceased.
b. The Power ofAttorney has been revoked or terminated, partially or otherwise.
c. The Principal lackedthe understanding and capacity to make and communicate decisions regarding hisestate and person at the time the Power of Attorney was executed.
d. The Power ofAttorney was not properly executed and is not a legal, valid power of attorney.
(4) The undersignedagrees not to exercise any powers granted under the Power of Attorney if theundersigned becomes aware that the Principal is deceased or has revoked suchpowers.
