Can I access records to see who holds power of attorney for a person in a care facility? – North Carolina

Short Answer

Usually not. In North Carolina, a care facility generally cannot disclose who holds a resident’s power of attorney (POA) unless the resident (the “principal”) authorizes that disclosure, or a court order requires it. If there is a court-appointed guardian, guardianship records are typically available through the Clerk of Superior Court, and those records may identify who has legal authority.

Understanding the Problem

In North Carolina, a common question is whether a former spouse or other concerned person can find out who holds power of attorney for an adult who is living in a care facility. The practical issue is identifying the person with decision-making authority when the resident is still alive and others refuse to share information, including the resident’s location or contact details. The key decision point is whether the information is available through a public court file (such as a guardianship) versus being private information held by the facility or family.

Apply the Law

Under North Carolina law, a power of attorney is typically a private document between the principal and the agent (attorney-in-fact). There is no single statewide public registry that automatically lets the public look up who holds someone’s financial POA or health care power of attorney. Care facilities and medical providers also have privacy duties, so they generally will not confirm a resident’s status, location, or who is authorized unless the resident has authorized it or the requester has legal authority (for example, a guardian or someone with a valid authorization).

Key Requirements

Resident authorization or legal authority: The facility typically needs written permission from the resident, or proof that the requester has legal authority (such as a court appointment) before it can share information about the resident’s representative or agent.
Correct “type” of authority: Financial POA and health care POA are different roles. A person may hold one, both, or neither, and a court-appointed guardian may also exist.
Public record only if a court case exists: If a guardianship case has been filed and a guardian appointed, the guardianship file maintained by the Clerk of Superior Court is often the most direct place to confirm who has authority.

What the Statutes Say

N.C. Gen. Stat. § 131D-22 (Adult care homes; transfer of management responsibilities) – Recognizes that a resident’s authorized representative, legal guardian, or attorney-in-fact may sign required documents and receive or furnish information required by that law.
N.C. Gen. Stat. § 131E-118 (Hospitals; transfer of management responsibilities) – Similarly recognizes a patient’s representative, legal guardian, or attorney-in-fact for purposes of signing documents and exchanging information required by that law.
N.C. Gen. Stat. § 143B-181.20 (Long-Term Care Ombudsman access) – Allows the State/Regional Long-Term Care Ombudsman to access residents and certain records as permitted by federal law and state procedures.

Analysis

Apply the Rule to the Facts: The situation involves an elderly person living in a care facility, with family members refusing to disclose location or allow visits, and a former spouse seeking information and repayment for property-related contributions and personal property. Because a POA is usually not a public record, the most likely “records” that could identify a decision-maker would be a court guardianship file (if one exists) or a POA document voluntarily produced by the agent or principal. If no guardianship exists and the resident has not authorized disclosure, the facility will usually decline to confirm who the POA agent is.

Process & Timing

Who files: The interested person (often a family member, but sometimes another concerned person) may start by checking for an existing guardianship. Where: Clerk of Superior Court (Estates/Guardianship) in the county where a guardianship would be filed. What: Request to search or inspect the guardianship file/index if a case exists. When: As soon as there is a need to confirm legal authority or protect the resident from suspected exploitation.
If no guardianship exists: A practical next step is to request that the resident (if capable) sign a written authorization allowing the facility to confirm the resident’s location and identify the authorized agent. If there are concerns about exploitation or improper control, a report to appropriate authorities and a request for Ombudsman involvement may be appropriate, because the Ombudsman can access residents and investigate within the limits of the law.
If a court case is needed: If the resident may be unable to manage personal or financial affairs and no one will provide transparency, a guardianship proceeding may be the legal mechanism that results in a court-appointed decision-maker and a court file identifying who has authority. If a guardian is appointed, that guardian can often request records and take steps to manage finances and address suspected misuse of authority.

Exceptions & Pitfalls

No public POA registry: Many people assume a POA is filed at the courthouse like a deed. In North Carolina, a POA may be recorded in some situations, but many valid POAs are never recorded, and there is no universal public lookup.
Health care vs. financial authority: A person controlling medical decisions may not be the same person controlling money. Mixing these up can lead to dead ends when requesting information.
Facility privacy limits: Even if a requester believes the resident is being isolated, the facility may still refuse to confirm details without authorization or a court order.
Guardianship does not automatically “wipe out” all prior documents: In some situations, a court-appointed guardian and an existing health care agent can overlap unless the court suspends the health care agent’s authority for good cause and proper notice. That can matter when the goal is to identify who truly has decision-making power.
Record-gathering challenges: In disputes involving suspected POA misuse, records from banks and medical providers often become central, but they typically require proper authority (or legal process) to obtain.

Conclusion

In North Carolina, a care facility usually cannot disclose who holds a resident’s power of attorney unless the resident authorizes it or a court order requires it. There is also no single public database that reliably lists POA agents. The most direct “record” source is often a guardianship file with the Clerk of Superior Court, if a guardian has been appointed. A practical next step is to check for an existing guardianship case with the Clerk of Superior Court as soon as authority needs to be confirmed.

Talk to a Probate Attorney

If a family is blocking contact with a person in a care facility and refusing to identify who has legal authority, our firm has experienced attorneys who can help explain options and timelines under North Carolina law, including how to check for guardianship filings and when court involvement may be appropriate. 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.