GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2009
SESSION LAW 2009-224
HOUSE BILL 1091
AN ACT to clarify laws pertaining to civil actions on behalf of an INCOMPETENT spouse as related to divorce proceedings.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 50-22 reads as rewritten:
"§ 50-22. Action on behalf of an incompetent.
A general guardian for an incompetent spouse may commence,
defend or maintain any action authorized by this Chapter; however, the court
shall not enter a decree of absolute divorce in such an action filed by the
guardian on behalf of the incompetent spouse. As an exception to G.S. 50-21,
the court may order equitable distribution on behalf of an incompetent spouse
without entering a decree of divorce after the parties have lived separate and
apart for a period of one year. Provided, however, that the competent spouse
may seek and obtain a divorce from the incompetent spouse upon showing basis
for the same.duly appointed attorney-in-fact who has the power to sue
and defend civil actions on behalf of an incompetent spouse and who has been
appointed pursuant to a durable power of attorney executed in accordance with
Chapter 32A of the General Statutes, a guardian appointed in accordance with
Chapter 35A of the General Statutes, or a guardian ad litem appointed in
accordance with G.S. 1A-1, Rules 17 and 25(b), may commence, defend,
maintain, arbitrate, mediate, or settle any action authorized by this Chapter
on behalf of an incompetent spouse. However, only a competent spouse may
commence an action for absolute divorce."
SECTION 2. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 23rd day of June, 2009.
s/ Walter H. Dalton
President of the Senate
s/ Joe Hackney
Speaker of the House of Representatives
s/ Beverly E. Perdue
Governor
Approved 5:44 p.m. this 30th day of June, 2009