NC General Statutes

N.C. Gen. Stat. § 50-22 (2026)

Action on behalf of an incompetent

✓ current as of July 2026

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A duly appointed agent 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 32C 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. (1991, c. 610, s. 1; 2009-224, s. 1; 2017-153, s. 2.4.)

§§ 50-23 through 50-29. Reserved for future codification purposes.

Article 2.

Expedited Process for Child Support Cases.

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 1994–2022 · leading case: Scott v. Scott, 442 S.E.2d 493 (N.C. 1994).

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Scott v. Scott, 442 S.E.2d 493 (N.C. 1994). · cites it 12× “The statute then specifically preserves the right of the competent spouse to obtain a divorce. Id. If the legislature had wished to redefine "incurable insanity" in N.”

Dillree v. Dillree (N.C. Ct. App. 2022). · cites it 17× “” N.C. Gen. Stat. § 50-22 (2021). Subsection 50-21(a) of Chapter 50 sets forth the general procedures for equitable distribution: “At any time after a husband and wife begin to live separate and apart from each other, a claim for equitable distribution may be filed and…”

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