Short Answer

Yes. In North Carolina, you may name a trusted adult friend to serve as your health care (medical) agent and to receive your medical information, so long as they are not disqualified by law (for example, they are not your treating provider or the owner/employee of your treatment facility unless closely related). Your Health Care Power of Attorney must be signed with two qualified adult witnesses and notarized. The statutory form also authorizes HIPAA access; a separate HIPAA release is optional but helpful.

Understanding the Problem

You want to know if you can name your longtime friend to make medical decisions for you and access your health information. In North Carolina, a competent adult (the principal) can appoint a health care agent to act if the principal cannot. You plan to sign quickly before your notary appointment, and you want the documents to work when needed.

Apply the Law

North Carolina recognizes a Health Care Power of Attorney (HCPOA) that lets you appoint an agent to make health decisions if you cannot speak for yourself. The document is effective only if you properly sign it: two qualified adult witnesses must watch you sign, and a notary must acknowledge your signature. Your agent must be an adult and cannot be your current treating health care provider or certain facility staff unless they’re closely related. The statutory HCPOA form includes language allowing your agent to receive your protected health information under HIPAA, so many people do not need a separate HIPAA release, though providers may accept a separate authorization for convenience. There is no court filing; keep originals accessible and share copies with your agent and doctors. The key timing threshold is capacity—you must sign while you understand what you are signing.

Key Requirements

• Eligible agent: Any competent adult who is not your treating provider or disqualified facility owner/employee (unless closely related) may serve.
• Proper execution: You must sign in front of two qualified adult witnesses and a notary public; the witnesses cannot be your agent or otherwise disqualified.
• Capacity: You must understand what the HCPOA does at the time you sign; no court filing is required.
• HIPAA access: The statutory HCPOA grants your agent access to your medical information; a separate HIPAA release is optional but often practical.
• Accessibility: Give copies to your agent and health care providers; keep the original where it can be found quickly.

What the Statutes Say

• North Carolina Gen. Stat. § 32A-18 (Who may not be a health care agent) – Disqualifies certain providers and facility personnel unless closely related.
• North Carolina Gen. Stat. § 32A-19 (Execution of health care power of attorney) – Requires two qualified witnesses and a notary.
• North Carolina Gen. Stat. § 32A-25.1 (Statutory HCPOA form) – Provides a model form that includes HIPAA access language.

Analysis

Apply the Rule to the Facts: Naming your longtime friend is allowed if they are an adult and not your current treating provider or prohibited facility staff. To make the HCPOA valid, sign it with two qualified adult witnesses and a notary at your UPS notary appointment—bring your own witnesses, as UPS staff may not serve. Because the statutory form includes HIPAA authority, your friend can receive your health information; a separate HIPAA release can still smooth communications with specific providers.

Process & Timing

1. Who files: No court filing; you sign as the principal. Where: Before a North Carolina notary public (e.g., a UPS Store notary). What: Health Care Power of Attorney (statutory form under G.S. 32A-25.1) and, if desired, a standalone HIPAA Authorization. When: Before any loss of capacity; plan to appear in person with two qualified adult witnesses.
2. After signing, give copies to your agent and your primary care provider; ask the hospital or clinic to scan the HCPOA into your chart. Processing times vary by provider, but copies are effective immediately.
3. Optional: Enroll the document with the North Carolina Advance Health Care Directive Registry to improve access; keep the original in a safe, accessible place.

Exceptions & Pitfalls

• Disqualified agents: Your treating physician, mental health provider, or certain facility owners/employees generally cannot serve unless closely related.
• Witness errors: Missing witnesses, using a disqualified witness, or forgetting the notary will invalidate the HCPOA. Bring two qualified adult witnesses with photo ID.
• Remote signing: North Carolina does not currently permit remote notarization for these documents; prior temporary video notarization authority has expired. Appear in person with a notary and use wet ink.
• Access delays: Relying only on a HIPAA release can slow decision-making; ensure your HCPOA clearly authorizes your agent and share copies with providers.

Talk to an Estate Planning Attorney

If you’re racing to finalize a Health Care Power of Attorney and HIPAA authorization, our firm has experienced attorneys who can help you understand your options and timelines. Call our office today to schedule a prompt consultation.

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.