Does a medical power of attorney let a sibling decide where my relative lives? – North Carolina

Short Answer

In North Carolina, a medical power of attorney (health care power of attorney) authorizes health care decisions, including consent to treatment and admission to a hospital or nursing facility for care. It does not give general control over housing or everyday living arrangements. Choice of residence belongs to the competent adult; if the adult cannot decide, a court‑appointed guardian of the person—not the health care agent—has authority to set the person’s residence.

Understanding the Problem

The issue is narrow: under North Carolina estate planning law, can a sibling holding a health care power of attorney decide the place where an adult relative will live. The roles are: North Carolina principal (the adult relative), a health care agent (the sibling), and a family member currently providing housing. The question focuses on the agent’s authority to direct living arrangements, particularly after recent medical treatment.

Apply the Law

North Carolina differentiates between medical decision-making and broader personal decisions like where an adult lives. A valid health care power of attorney authorizes the named agent to make health care decisions when a physician determines the principal lacks capacity, including consenting to admission or discharge from hospitals or nursing facilities for care. It does not grant general authority over nonmedical housing choices. If the principal cannot make personal decisions, the Clerk of Superior Court can appoint a guardian of the person, who has the statutory power to establish the principal’s residence. A court can also limit or suspend a health care agent’s authority if a guardian of the person is appointed and good cause is shown.

Key Requirements

• Valid health care power of attorney: The document names a health care agent and becomes operative when the attending physician determines the principal lacks capacity.
• Scope limited to health care: The agent may consent to or refuse treatment and may authorize admission or discharge to health care or long‑term care facilities for medical reasons.
• No general housing authority: Deciding a nonmedical residence (e.g., which home to live in) is outside a health care agent’s powers.
• Guardianship controls residence: If needed, a guardian of the person appointed by the Clerk of Superior Court may establish the principal’s residence and provide for personal care.
• Court oversight of conflicts: If a guardian of the person is appointed, the court may suspend or limit the agent’s authority for good cause.

What the Statutes Say

• North Carolina Gen. Stat. § 32A-20 (Powers of health care agent) – Authorizes a health care agent to make health care decisions, including admission/discharge to facilities, when the principal lacks capacity.
• North Carolina Gen. Stat. § 32A-22 (Effect of guardianship on health care agent) – A guardian of the person may seek court suspension of a health care agent’s authority for good cause.
• North Carolina Gen. Stat. § 35A-1241 (Powers of guardian of the person) – A guardian of the person may establish the ward’s place of residence and arrange for care.

Analysis

Apply the Rule to the Facts: The relative is recovering from recent surgeries. If a physician has not determined incapacity, the relative chooses where to live, and the sibling’s medical power of attorney has no present effect. If a physician has determined incapacity, the sibling may authorize admission to a hospital, rehab, or skilled nursing facility for medical care, but that authority does not extend to forcing a nonmedical move from a private home. If broader placement decisions are necessary and disputed, a guardianship of the person proceeding is the route for a court to assign residential authority.

Process & Timing

1. Who files: Any interested person. Where: Clerk of Superior Court in the county where the adult relative resides in North Carolina. What: File AOC‑SP‑200 (Petition for Adjudication of Incompetence and Application for Appointment of Guardian). When: As soon as broader residential authority is needed or a placement dispute arises.
2. The Clerk may set an interim hearing quickly in urgent cases and can enter temporary protective orders; a full hearing is scheduled after service and evaluation. Timelines can vary by county.
3. Final step: If a guardian of the person is appointed, the guardian receives authority to establish residence. The court may also limit or suspend a health care agent’s authority in the appointment order.

Exceptions & Pitfalls

• If the adult remains competent, the adult—not the agent or any sibling—decides where to live.
• A health care agent’s authority is limited to health care; do not assume it includes moving someone out of a private residence.
• When a guardian of the person is appointed, only the guardian may seek to suspend the health care agent’s powers; failing to request suspension can leave overlapping authority in place.
• Guardianship is tailored to the least restrictive alternative; expect the court to preserve the adult’s rights where possible and to specify any limits on the guardian’s powers.

Talk to a Estate Planning Attorney

If you’re dealing with a disagreement over who can decide living arrangements while medical decisions are being made, 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.