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§58-1074.
§58-1074.
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 his property except specified
exclusions, the attorney-in-fact is accountable to the fiduciary as
well as to the principal. The fiduciary has the same power to revoke
or amend the power of attorney that the principal would have had if he
were not disabled or incapacitated.
B. A principal may nominate, by a durable power of attorney, the
conservator, guardian of his estate, or guardian of his 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.
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