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 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