§ 32A-11. File with clerk, records, inventories, accounts, fees, and commissions.
§ 32A‑11. File withclerk, records, inventories, accounts, fees, and commissions.
(a) Within 30 daysafter registration of the power of attorney as provided in G.S. 32A‑9(b),the attorney‑in‑fact shall file with the clerk of superior court inthe county of such registration a copy of the power of attorney. Every attorney‑in‑factacting under a power of attorney under this Article subsequent to theprincipal's incapacity or mental incompetence shall keep full and accuraterecords of all transactions in which he acts as agent of the principal and ofall property of the principal in his hands and the disposition thereof.
(b) Any provision inthe power of attorney waiving or requiring the rendering of inventories andaccounts shall govern, and a power of attorney that waives the requirement tofile inventories and accounts need not be filed with the clerk of superiorcourt. Otherwise, subsequent to the principal's incapacity or mentalincompetence, the attorney‑in‑fact shall file in the office of theclerk of the superior court of the county in which the power of attorney isfiled, inventories of the property of the principal in his hands and annual andfinal accounts of the receipt and disposition of property of the principal andof other transactions in behalf of the principal. The power of the clerk toenforce the filing and his duties in respect to audit and recording of suchaccounts shall be the same as those in respect to the accounts ofadministrators, but the fees and charges of the clerk shall be computed orfixed only with relation to property of the principal required to be shown inthe accounts and inventories. The fees and charges of the clerk shall be paidby the attorney‑in‑fact out of the principal's money or otherproperty and allowed in his accounts. If the powers of an attorney‑in‑factshall terminate for any reason whatever, he, or his executors oradministrators, shall have the right to have a judicial settlement of a finalaccount by any procedure available to executors, administrators or guardians.
(c) In the event thatany power of attorney executed pursuant to the provisions of this Article doesnot contain the amount of compensation that the attorney‑in‑fact isentitled to receive or the way such compensation is to be determined, and theprincipal should thereafter become incapacitated or mentally incompetent, then,subsequent to the principal's incapacity or mental incompetence, the attorney‑in‑factshall be entitled to receive reasonable compensation as determined by the clerkof superior court after considering the factors set forth in G.S. 32‑54(b).(1983, c. 626,s. 1; 2004‑139, s. 3.)