Can I refuse to let my relative return to my house even if their sibling holds a medical power of attorney? – North Carolina

Short Answer

Yes. In North Carolina, a health care power of attorney lets the named agent make medical decisions, not housing decisions or property access. A health care agent cannot force a homeowner to take someone back into a private residence. If the relative is a lawful tenant, the homeowner must use the proper eviction process. If the relative lacks capacity, residential placement decisions may require guardianship, not just a medical power of attorney.

Understanding the Problem

The narrow question is: In North Carolina, can a homeowner refuse to allow a recovering relative to return home when the relative’s sibling, who holds a medical power of attorney, wants the hospital to discharge the patient to that home? This involves the homeowner’s property rights, the scope of a medical power of attorney, and discharge planning timing.

Apply the Law

Under North Carolina law, a health care power of attorney authorizes medical decisions, typically when the patient cannot decide. It allows the agent to consent to or refuse treatment and to arrange care settings (for example, consenting to admission to a facility). It does not create a right to enter or occupy a private home. Property access and occupancy are governed by ownership or landlord-tenant law. If the person lacks capacity and residential choices must be made over objection, a court-appointed guardian of the person, not a health care agent, may have authority to choose a residence—but that does not compel a private homeowner to provide housing.

Key Requirements

• Scope of the health care agent’s power: Limited to health care decisions and related consents; does not override another person’s property rights.
• When the health care power applies: It becomes effective as the document specifies, commonly when the patient cannot make or communicate informed decisions.
• Property and occupancy status controls access: A guest can be refused; a lawful tenant generally requires court process to remove.
• Guardianship for residential placement: If the person lacks capacity and residential decisions are needed over objection, a guardian of the person may be appointed by the Clerk of Superior Court.
• Financial or general POA is different: A general power of attorney can handle contracts or leases for the principal, but it cannot force a third party to house the principal without consent.

What the Statutes Say

• North Carolina Gen. Stat. § 32A-23 (Health care agent powers) – Lists the powers a health care agent may exercise.
• North Carolina Gen. Stat. § 32A-20 (When a health care power is effective) – Describes when a health care power of attorney takes effect.
• North Carolina Gen. Stat. § 32C-2-204 (Real property authority under general POA) – Covers real property powers under a general power of attorney.
• North Carolina Gen. Stat. § 35A-1241 (Powers of guardian of the person) – Includes authority to determine a ward’s residence.

Analysis

Apply the Rule to the Facts: The sibling’s medical power of attorney allows medical decision-making for the recovering relative, but it does not create a right to enter or live in a private home. If the recovering relative was only a guest, the homeowner can refuse re-entry. If the relative is a tenant, the homeowner must use summary ejectment to end the tenancy. If the relative cannot make safe decisions, residential placement options should be handled through discharge planning or, if needed, guardianship.

Process & Timing

1. Who files: The homeowner or landlord. Where: Clerk of Superior Court, Small Claims (Magistrate) Division in the county where the property is located. What: Summary Ejectment—use the Complaint in Summary Ejectment (AOC-CVM-201) and Summons in Summary Ejectment (AOC-CVM-100). When: After providing any required termination notice based on the tenancy type.
2. Coordinate with the hospital’s discharge planner in writing to state that discharge to the homeowner’s address is not authorized. Request that the health care agent provide the health care power of attorney so the scope and triggers are clear. This often occurs during discharge planning days to weeks before discharge.
3. For incapacity concerns, consider a guardianship petition if residential decisions must be made over objection. File the petition with the Clerk of Superior Court; a hearing is scheduled after service and evaluation. Expected outcomes include appointment of a guardian of the person who can choose an appropriate residence.

Exceptions & Pitfalls

• If the relative is a lawful tenant, do not use self-help lockouts or shutoffs; removal requires a court order.
• A health care power of attorney typically activates only when the principal cannot make decisions; if the relative has capacity, their choices control their medical care.
• A general power of attorney can sign contracts for the principal, but it cannot impose housing obligations on a third party without that party’s agreement.
• Service and notice mistakes in eviction cases can delay or dismiss the case; follow the AOC forms and county procedures closely.
• If refusal to house leaves an incapacitated adult at risk, expect Adult Protective Services or the court to explore safe placement; communicate promptly with the discharge planner.

Talk to a Estate Planning Attorney

If you’re dealing with a medical power of attorney and housing concerns after a hospital discharge, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at 919-341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.