Feb122026
Guardianship Q&A Series

What can I do now to be able to manage my relative’s affairs and access information from the facility while they are still alive? – North Carolina

Short Answer

In North Carolina, the fastest way to manage a living relative’s affairs and get information from a care facility is usually to have the relative sign the right legal documents while they still have capacity—most often a health care power of attorney for medical decisions and a durable financial power of attorney for money and property.

If the relative can no longer sign documents, the usual path is a guardianship case filed with the Clerk of Superior Court, and in urgent situations a request for an interim guardian may be available. Which option fits depends mainly on whether the relative can still understand and sign paperwork.

Understanding the Problem

In North Carolina, when an elderly relative is in a care facility and has been moved to hospice, family members often ask: can someone legally get updates from the facility and step in to handle decisions and affairs while the person is still alive? The decision point is whether the relative still has enough capacity to choose an agent and sign documents that give someone authority now. If that capacity is gone, the question becomes whether a court-appointed guardian is needed through the Clerk of Superior Court.

Apply the Law

North Carolina generally recognizes two main “living” tools for authority: (1) a health care power of attorney for medical decisions and medical-information access, and (2) a durable power of attorney for financial and property matters. If those documents cannot be signed because the person lacks capacity, a guardianship proceeding (and sometimes an interim guardianship request) is the court process used to appoint someone with legal authority. Guardianship is handled as a special proceeding before the Clerk of Superior Court.

Key Requirements

  • Capacity (or lack of capacity): If the relative can understand what a document does and who is being appointed, powers of attorney are often the most direct route. If not, a court process is usually required.
  • Right document for the right job: A health care power of attorney covers health care decisions and typically helps with facility communication about care; it does not automatically give broad control over money or property. A financial power of attorney covers finances and property decisions, but it does not automatically make someone the medical decision-maker.
  • Urgency and risk: If there is an imminent or foreseeable risk of harm to the person or the person’s estate and immediate intervention is needed, North Carolina allows a request for an interim guardian while the incompetency case is pending.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The relative is in a facility and has been moved to hospice, so the immediate need is usually (1) lawful access to medical updates and decision-making authority and (2) a way to handle time-sensitive affairs if the decline is rapid. If the relative can still understand and sign documents, a health care power of attorney can put a chosen agent in place for care decisions and facility communications, while a separate financial power of attorney can authorize someone to deal with bills, accounts, and property issues. If the relative cannot sign due to lack of capacity, the legal mechanism to obtain authority while the relative is still alive is typically a guardianship proceeding before the Clerk of Superior Court, with an interim guardian request if there is an immediate risk that cannot wait for the full hearing.

Concerns about valuables or papers being held by another relative in another jurisdiction often create urgency, but they do not automatically create legal authority. A power of attorney (if valid and accepted) can help an agent request records and take steps to secure property; if there is no capacity to sign, an interim guardianship request may be the tool used to prevent foreseeable harm to the person’s estate while the case is pending.

Process & Timing

  1. Who acts first: The relative (if capable) signs documents; otherwise a family member or other interested person starts a guardianship case. Where: If guardianship is needed, it is filed with the Clerk of Superior Court in the county where the relative resides or is present under North Carolina venue rules. What: A verified petition to adjudicate incompetence and, if urgent, a verified motion asking for an interim guardian. When: As soon as there is a real need for authority and the relative cannot execute documents.
  2. If interim guardianship is requested: The clerk must set a hearing promptly, and the hearing must be held as soon as possible but no later than 15 days after the motion is served on the respondent.
  3. Next steps after authority is in place: Once an agent under a health care power of attorney is recognized, the agent can communicate with providers and make health care decisions within the document’s scope. If a guardian is appointed, the guardian’s authority is defined by the clerk’s order (guardian of the person, guardian of the estate, or general guardian), and the guardian must follow ongoing court supervision requirements.

Exceptions & Pitfalls

  • Waiting too long to sign documents: Once capacity is gone, a power of attorney cannot be created, and guardianship may become the only way to get legal authority while the person is alive.
  • Assuming “next of kin” equals authority: Family relationship alone often does not give legal power to access protected information or make decisions. Facilities commonly require written authority (like a health care power of attorney) or a court order.
  • Mixing up medical vs. financial authority: A health care power of attorney is typically limited to health care matters and does not automatically authorize handling money or property. A financial power of attorney does not automatically make someone the medical decision-maker.
  • Emergency filings without specific facts: Interim guardianship requires facts showing reasonable cause of incompetence plus an imminent or foreseeable risk of harm and a need for immediate intervention. Vague concerns can lead to delay or denial.
  • Out-of-state documents and logistics: Documents signed in another jurisdiction or property located elsewhere can add practical complications. The safest approach is to confirm what documents exist, obtain copies, and be prepared to show the facility or court what authority is being claimed.

For related reading, see the difference between a healthcare power of attorney and guardianship and what to do when there is financial POA but no medical authority.

Conclusion

In North Carolina, the main way to manage a living relative’s affairs and get information from a facility is to have the relative sign a health care power of attorney (for care decisions and provider communication) and a durable financial power of attorney (for finances) while the relative still has capacity. If the relative cannot sign, the next step is usually to file a verified incompetency petition with the Clerk of Superior Court and, if immediate harm is likely, file a motion for an interim guardian so the clerk can hold a prompt hearing.

Talk to a Guardianship Attorney

If a family member is in a care facility or hospice and there is uncertainty about who can make decisions or access information, our firm has experienced attorneys who can help explain options and timelines under North Carolina law. 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: Guardianship 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.