Feb32026
Estate Planning Q&A Series

How do I use a healthcare power of attorney to get access to medical records, or do I still need a HIPAA release? – North Carolina

Short Answer

In North Carolina, a properly executed Health Care Power of Attorney (HCPOA) usually gives the named health care agent authority to request, review, and receive medical records and to consent to disclosure of that information once the HCPOA is effective. In practice, many hospitals and clinics still ask for their own HIPAA authorization form, even when an HCPOA exists, because it is faster for their records department to process. The most reliable approach is to present the HCPOA and be prepared to sign the provider’s HIPAA form as the agent if the provider requests it.

Understanding the Problem

In North Carolina estate planning, the key question is whether a health care agent named in a Health Care Power of Attorney can obtain medical records from a health care provider, or whether a separate HIPAA release is still required. The decision point is usually timing: has the HCPOA become effective under its terms (often when a physician determines the principal lacks capacity to make or communicate health care decisions), or is the principal still able to sign a HIPAA authorization directly.

Apply the Law

North Carolina law allows a person (the principal) to appoint a health care agent through an HCPOA. When effective, the agent can generally make health care decisions and handle related communications with providers, which commonly includes obtaining and sharing medical information needed to make decisions and coordinate care. Many HCPOAs (including the statutory form) expressly authorize the agent to request and receive medical records and to consent to disclosure of the principal’s health information.

Key Requirements

  • A valid HCPOA: The document must be properly executed under North Carolina rules (commonly, signed with the required witnesses and notarization) so providers can rely on it.
  • Agent authority that covers records: The HCPOA should grant the agent power to obtain health information and medical records and to authorize disclosure (many forms do this explicitly).
  • The HCPOA must be effective: Many HCPOAs are “springing,” meaning the agent’s authority starts only after the triggering condition stated in the document occurs (often a physician’s determination of incapacity).

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, [CLIENT] helped [RELATIVE] sign a health care power of attorney and a general durable (financial) power of attorney with notarization and the required witnesses. If the HCPOA follows North Carolina execution requirements and includes the typical authority to obtain medical information, it should be usable to request records once it is effective under its own terms. Even with a valid HCPOA, some providers still ask for their own HIPAA authorization form; that request usually reflects internal policy and workflow rather than a finding that the HCPOA is invalid.

Process & Timing

  1. Who requests records: The health care agent named in the HCPOA (or the principal, if still able). Where: The health care provider’s medical records department (hospital, clinic, or facility) in North Carolina. What: A copy of the signed HCPOA, plus the provider’s medical records request form and identification; if requested, the provider’s HIPAA authorization form signed by the principal (if competent) or signed by the agent under the HCPOA (if effective). When: If the HCPOA is springing, the request typically works best after the triggering condition in the document has occurred and is documented (often a physician determination).
  2. Provider review: The provider typically verifies the agent’s identity, confirms the document appears properly executed, and confirms whether the HCPOA is currently effective. Some providers also ask for a copy to scan into the chart.
  3. Release of records: Once approved, the provider releases records in the format requested (paper, portal access, or electronic copy) subject to the provider’s standard process and any limits stated in the HCPOA.

Exceptions & Pitfalls

  • The HCPOA may not be effective yet: If the document requires a physician determination of incapacity, a provider may refuse to treat the agent as authorized until that condition is met and documented.
  • Provider-specific HIPAA paperwork: Even when the HCPOA authorizes access to records, a provider may still require its own HIPAA authorization or records request form for administrative reasons. Signing the facility’s form (when appropriate) often resolves the issue quickly.
  • Limits written into the HCPOA: If the HCPOA restricts the agent’s authority (for example, limiting access to certain information or limiting mental health-related authority), the provider may follow those limits.
  • Using the financial POA for medical records: A general durable (financial) power of attorney is not the same as an HCPOA. Some institutions will not accept a financial POA for medical decision-making or medical record access unless it clearly grants health information authority and the provider is comfortable relying on it.
  • Copies, not originals: Many providers accept copies, but some staff may mistakenly ask for an “original.” Having multiple certified or clean copies available can reduce friction.

Conclusion

In North Carolina, a valid Health Care Power of Attorney commonly authorizes the health care agent to request and receive medical records and to consent to disclosure of health information once the HCPOA is effective under its terms. Even so, many providers still ask for their own HIPAA authorization as part of their intake or records process. The practical next step is to provide the provider a copy of the signed HCPOA and, if the HCPOA is springing, provide the required physician determination of incapacity before requesting records.

Talk to a Estate Planning Attorney

If you’re dealing with using a health care power of attorney to access medical records and a provider is asking for additional HIPAA paperwork, our firm has experienced attorneys who can help explain what the documents do, how they become effective, and how to present them to providers. 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: Estate Planning 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.