§ 58-1074. Relationship of court-appointed fiduciary and attorney-in-fact - Principal's nomination of fiduciary.

A.  If, following execution of a durable power of attorney, a court of the principal's domicile appoints a conservator, guardian of the estate, or other fiduciary charged with the management of all of the principal's property or all of the principal’s property except specified exclusions, the durable power of attorney, upon notice of such appointment, shall terminate.

B.  A principal may nominate, by a durable power of attorney, the conservator, guardian of his or her estate, or guardian of his or her person for consideration by the court if protective proceedings for the principal's person or estate are thereafter commenced.  The court shall make its appointment in accordance with the principal's most recent nomination in a durable power of attorney except for good cause or disqualification.  In the event such appointment is made by the court, upon notice, the durable power of attorney shall terminate.

Added by Laws 1988, c. 293, § 4, eff. Nov. 1, 1988.  Amended by Laws 2010, c. 349, § 1, eff. Nov. 1, 2010.

Note

NOTE:  Laws 2010, c. 315, § 3 repealed by Laws 2012, c. 13, § 1, emerg. eff. April 5, 2012.