Jan142026
Probate Q&A Series

How can I find out which nursing home or care facility a parent is in when providers may refuse to share information? – North Carolina

Short Answer

In North Carolina, a nursing home or care facility often will not confirm whether a person is a resident unless the caller has legal authority (such as a health care power of attorney, a court-appointed guardianship, or—if the person has died—authority as the estate’s personal representative). If there is no existing legal authority, the practical path is usually (1) confirm whether the parent is deceased through public records and probate searches, and (2) if the parent is living but cannot manage their affairs, ask the Clerk of Superior Court to appoint a guardian so the guardian can request information and make decisions. If there are safety concerns, Adult Protective Services can help investigate without requiring family members to have access to medical records.

Understanding the Problem

In North Carolina probate situations, a common problem is: can a family member find out which nursing home, assisted living, or other care facility a parent is in when the facility will not share information? The key decision point is whether the caller has legal authority to receive health information or act for the parent (for example, as an agent under a health care power of attorney, a court-appointed guardian, or the personal representative of an estate if the parent has died). Without that authority, providers often treat even basic information—like whether the parent is a resident—as protected and may refuse to confirm it.

Apply the Law

North Carolina law strongly protects medical and facility information. As a general rule, a health care provider is not required to disclose patient information to a relative just because of the family relationship. Disclosure typically requires the patient’s authorization or a recognized legal role. If the parent is deceased, North Carolina law allows medical information to be furnished on the authorization of the executor/administrator, and in some situations the next of kin for an unadministered estate. If the parent is living but cannot manage personal or financial affairs, a guardianship proceeding before the Clerk of Superior Court can create the legal authority needed to request information and make decisions. In some mental health settings, North Carolina law also allows limited disclosure to next of kin in certain circumstances, but facilities still have discretion and must consider the client’s best interests and confidentiality rules.

Key Requirements

  • Legal authority to receive information: Facilities commonly require proof of authority, such as a signed HIPAA authorization, a North Carolina health care power of attorney, a court order, or guardianship letters.
  • Correct status (living vs. deceased): The rules change if the parent has died; estate authority (executor/administrator) can matter for access to records and for learning what happened.
  • Proper forum when authority is missing: When no valid power of attorney exists and the parent cannot act, the Clerk of Superior Court (guardianship) is usually the forum to establish decision-making authority.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts describe secondhand information, no obituary, no estate filing located, and relatives refusing to discuss the situation. Under North Carolina confidentiality rules, a facility may refuse to confirm whether the parent is a resident unless the caller can prove legal authority (such as a health care power of attorney, guardianship, or estate authority if the parent is deceased). Because there is no confirmed death and no known estate file, the most practical legal “unlock” is usually to confirm status through public records and, if the parent is living but cannot manage affairs, pursue guardianship so the appointed guardian can request information directly.

Process & Timing

  1. Who files: A concerned family member (or another interested person) may file. Where: The Clerk of Superior Court in the North Carolina county where the parent resides or is present for a guardianship proceeding. What: A verified petition to adjudicate incompetence and appoint a guardian (forms and local requirements vary by county). When: As soon as it becomes clear that the parent cannot manage personal/medical decisions and information is needed to protect the parent’s welfare.
  2. Investigation and interim protection: Guardianship cases can move quickly. The court may appoint a guardian ad litem and schedule hearings on an expedited basis, and in urgent situations the court can enter temporary orders to protect the parent while the case is pending.
  3. After appointment: Once the Clerk appoints a guardian and issues letters, the guardian can present those letters to facilities and request information and coordinate care decisions within the scope of the appointment.

Exceptions & Pitfalls

  • “Next of kin” is not the same as legal authority: Even close relatives often cannot get confirmation of placement or medical details without a signed authorization, guardianship, or other recognized authority.
  • Assuming probate will exist: If the parent is alive, there may be no estate file. If the parent is deceased, an estate may still not be opened yet, so searching only for an estate file can lead to a dead end. (For more on court record searches, see look up an estate or court file online and check whether a probate case exists.)
  • Relying on informal “family permission”: A relative’s verbal assurance to a facility usually does not substitute for documentation. Facilities often require written proof (POA, guardianship letters, or letters of administration).
  • Mental health confidentiality is even tighter: If the parent is in a mental health facility, additional confidentiality rules may apply, and the facility may disclose little or nothing without the correct legal status or a professional determination that limited disclosure is appropriate.
  • Not using Adult Protective Services when appropriate: If there is concern about neglect, abuse, or exploitation, a report to the county department of social services (Adult Protective Services) can trigger an investigation that does not depend on family access to medical records.

Conclusion

In North Carolina, care facilities often refuse to confirm a parent’s location or share information unless the requester has legal authority, such as a health care power of attorney, a court-appointed guardianship, or (if the parent has died) authority as the estate’s personal representative. When relatives will not cooperate and no estate file can be found, the practical next step is usually to file a guardianship petition with the Clerk of Superior Court in the appropriate county so the appointed guardian can request information directly.

Talk to a Probate Attorney

If a parent may be in a nursing home or care facility and providers will not share information, our firm has experienced attorneys who can help clarify what legal authority is needed and what timelines apply for guardianship or estate steps. 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.

Category: Probate Q&A Series

Author: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.