An Example of Power of Attorney Being Obtained by Presumption

This is from the NC Rules of Civil Procedure:

“Chapter 1.

Civil Procedure.


SUBCHAPTER V. COMMENCEMENT OF ACTIONS.

Article 8.

Summons.

§ 1-105. Service upon nonresident drivers of motor vehicles and upon the personal representatives of deceased nonresident drivers of motor vehicles.

The acceptance by a nonresident of the rights and privileges conferred by the laws now or hereafter in force in this State permitting the operation of motor vehicles, as evidenced by the operation of a motor vehicle by such nonresident on the public highways of this State, or at any other place in this State, or the operation by such nonresident of a motor vehicle on the public highways of this State or at any other place in this State, other than as so permitted or regulated, shall be deemed equivalent to the appointment by such nonresident of the Commissioner of Motor Vehicles, or his successor in office, to be his true and lawful attorney and the attorney of his executor or administrator, upon whom may be served all summonses or other lawful process in any action or proceeding against him or his executor or administrator, growing out of any accident or collision in which said nonresident may be involved by reason of the operation by him, for him, or under his control or direction, express or implied, of a motor vehicle on such public highways of this State, or at any other place in this State, and said acceptance or operation shall be a signification of his agreement that any such process against him or his executor or administrator shall be of the same legal force and validity as if served on him personally, or on his executor or administrator.”

So there are ALL SORTS of presumptions happening here. Perhaps you know what a “motor vehicle” is, perhaps not. It is a term that only applies to commercial activity that can be regulated by the State.

This is not to say that one cannot issue a Revocation of Power of Attorney…

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