Short Answer

In North Carolina, a court does not “appoint” a power of attorney—only your parent can name an agent while they still have capacity. If your parent can understand and communicate choices, a lawyer can arrange bedside signing of a financial power of attorney, health care power of attorney, HIPAA release, and living will with the required notary and witnesses. If your parent lacks capacity or is being kept unsafe, you may need to file for guardianship (and, if urgent, request an interim guardian) through the Clerk of Superior Court.

Understanding the Problem

You want to know how, in North Carolina, you can become power of attorney for a hospitalized parent. You are the adult child seeking authority to make financial and medical decisions. Your parent can speak but has limited mobility, and the spouse is limiting family access and medical information. This question is about whether you can be named, how fast it can happen, and what to do if capacity or safety is in doubt.

Apply the Law

North Carolina recognizes two key appointment paths: (1) private advance directives your parent signs while capable (financial power of attorney, health care power of attorney, HIPAA release, and living will), and (2) court guardianship if your parent lacks capacity. Powers of attorney are private documents; guardianship is a court process before the Clerk of Superior Court. Health care decisions without a health care agent follow a statutory surrogate list; guardianship or an interim guardian can address emergencies.

Key Requirements

• Only the parent can appoint an agent: No court can make you a power of attorney; your parent must sign while understanding the documents and decisions.
• Financial POA execution: Your parent signs and acknowledges before a notary. No witnesses are required for a financial POA.
• Health care POA and living will execution: Your parent signs before a notary and two qualified, disinterested adult witnesses. Hospitals often can accommodate bedside signings.
• HIPAA release: A separate written release allows you to access protected health information; it can be signed at bedside with the POAs.
• If no capacity or immediate risk: File a verified guardianship petition with the Clerk of Superior Court; you may request an interim guardian if there is an imminent risk to health or assets. Interim appointments are time-limited.
• Forum and timing: POAs do not require court filing. Guardianship is filed where your parent resides, with personal service by the sheriff, a hearing set by the clerk, and accelerated timelines for interim relief.

What the Statutes Say

• North Carolina Gen. Stat. § 32C-1-105 (Execution of a power of attorney) – financial POA must be signed and acknowledged before a notary.
• North Carolina Gen. Stat. § 35A-1114 (Interim guardians) – emergency, time-limited guardianship pending a full hearing.
• North Carolina Gen. Stat. § 32A-22 (Guardian and health care agent) – a guardian must seek court approval to suspend a health care agent’s authority for good cause.
• North Carolina Gen. Stat. § 90-321 (Right to natural death) – living will (advance directive) recognized under the Right to Natural Death Act.

Analysis

Apply the Rule to the Facts: Because your parent can speak and has limited mobility, bedside signing is likely possible if they understand what they are signing. A lawyer can coordinate a notary and two disinterested witnesses for the health care POA and living will, plus notarization for the financial POA, and a HIPAA release. If the spouse already holds health care authority or is obstructing care, your parent can revoke or replace prior designations if they have capacity; if not, you would pursue guardianship and, if there’s immediate risk, request an interim guardian.

Process & Timing

1. Who files: For POAs, your parent signs; no filing is required. Where: At the hospital or facility in North Carolina. What: Financial Power of Attorney; Health Care Power of Attorney; HIPAA release; Living Will. When: As soon as your parent can meet with counsel, a notary, and two disinterested witnesses (for health care documents).
2. If capacity is doubtful or safety is at risk, file a guardianship: the petitioner (you or DSS) files AOC‑SP‑200 (Petition for Adjudication of Incompetence and Application for Appointment of Guardian) with the Clerk of Superior Court in your parent’s county. The sheriff personally serves your parent; the clerk sets the hearing. You may request an interim guardian in the same filing if immediate intervention is needed; the clerk must promptly set that motion for hearing.
3. Outcome: With capacity, you leave the bedside with fully executed POAs and releases. Without capacity, the court may appoint a guardian (of the person, estate, or both). Interim guardianships are limited in scope and duration and bridge to the full hearing.

Exceptions & Pitfalls

• You cannot be “appointed” POA by a court; only your parent can name an agent, and only while they have capacity.
• Witnesses for health care documents must be disinterested adults; avoid using the spouse, lineal relatives, or anyone involved in your parent’s care or who stands to benefit.
• If a spouse is already the health care agent and your parent lacks capacity, a newly appointed guardian of the person must ask the court to suspend that agent’s authority for good cause.
• Execution mistakes (missing notary or witnesses) can invalidate documents—arrange a bedside notary and qualified witnesses.
• For guardianship, ensure proper personal service by the sheriff and provide medical evidence; rules of evidence apply at the hearing.

Talk to a Estate Planning Attorney

If you’re dealing with a hospitalized parent and need fast authority for medical and financial decisions, 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.