Feb242026
Guardianship Q&A Series

Can a family member get updates about an adult’s medical condition and medications without being the legal guardian? – North Carolina

Short Answer

Usually not in any reliable way. In North Carolina, health care providers typically cannot share an adult’s medical condition and medication information with a family member unless the adult consents or the family member has legal authority to act for the adult (such as a court-appointed guardian of the person or a valid health care power of attorney agent). If there is already a guardianship, the appointed guardian is generally the person entitled to receive medical updates and coordinate care.

Understanding the Problem

In North Carolina guardianship situations, the practical question is often: can a family member stay informed about an adult’s diagnosis, treatment plan, and medications when the family member is not the adult’s court-appointed guardian? The decision point is whether the family member has recognized legal authority to receive protected medical information and participate in care planning, especially when an existing guardianship already places those responsibilities with someone else.

Apply the Law

Medical condition information and medication lists are generally treated as confidential health information. In practice, a provider will usually require either (1) the adult patient’s permission (often through a signed HIPAA authorization or similar release) or (2) proof that the requester has legal authority to act for the adult. In an adult guardianship, the Clerk of Superior Court appoints a guardian, and the guardian of the person (or a general guardian) typically has the role of arranging care and giving consents needed for medical treatment. That role commonly includes communicating with providers and receiving updates needed to make decisions and coordinate care.

Key Requirements

  • Patient permission or legal authority: Without the adult’s consent, a provider usually looks for a legally recognized decision-maker (for example, a court-appointed guardian of the person or a properly appointed health care agent).
  • Existing guardianship controls who coordinates care: If a guardian of the person (or general guardian) is already appointed, that guardian is generally the point person for medical updates, medication management, and treatment decisions.
  • Scope depends on the court order and documents: A guardianship order can limit or expand what the guardian can do, and a valid health care power of attorney can give a health care agent authority unless the Clerk suspends that authority in the guardianship case.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts describe a family member who wants to modify an existing North Carolina guardianship to become guardian and be more involved in the adult’s care. Under the general confidentiality rule, the family member should expect limited or inconsistent medical updates unless the adult signs a release or the family member has legal authority recognized by providers. If a guardian of the person (or general guardian) is already appointed, that guardian is typically the person providers will communicate with about condition changes and medications.

Process & Timing

  1. Who files: An “interested person,” which can include a family member. Where: The Clerk of Superior Court in the county where the guardianship is pending in North Carolina. What: A petition/motion in the guardianship file asking the Clerk to modify the guardianship or change the guardian (the exact form and caption can vary by county and case posture). When: As soon as there is a concrete need for medical involvement or concern about the current arrangement; timing can matter if there are upcoming treatment decisions.
  2. Notice and hearing: The Clerk typically requires notice to required parties (often including the current guardian and the ward and/or the ward’s counsel/guardian ad litem, depending on the case). The Clerk may set a hearing and may require updated information about the ward’s needs and the proposed guardian’s suitability.
  3. Order and practical follow-through: If the Clerk enters an order appointing a new guardian (or expanding authority), the new guardian should obtain certified copies and provide them to health care providers so the provider’s records reflect who can receive updates and make decisions.

Exceptions & Pitfalls

  • Signed releases can solve the “updates” problem without changing guardianship: If the adult has capacity to sign a HIPAA authorization, providers may share updates with the named family member even without guardianship.
  • Health care power of attorney may control: If the adult previously appointed a health care agent, providers may treat that agent as the decision-maker unless the guardianship court has entered an order affecting that authority.
  • “Family” status alone is not enough: A close relationship does not automatically create a right to medication lists or condition updates, and different facilities apply privacy rules differently—leading to inconsistent access without paperwork.
  • Order scope matters: Some guardianships are limited. If the order does not grant authority over medical decisions (or if another person holds that authority), providers may still refuse to share information beyond what is necessary.

Conclusion

In North Carolina, a family member usually cannot count on receiving updates about an adult’s medical condition and medications without either the adult’s consent or legally recognized authority (such as being the court-appointed guardian of the person or a valid health care agent). When an existing guardianship is in place, the appointed guardian is typically the person providers communicate with about care and medications. The next step is to file a petition with the Clerk of Superior Court in the guardianship case to modify the guardianship or change the guardian as soon as medical decisions or care coordination require it.

Talk to a Guardianship Attorney

If you’re dealing with limited access to an adult relative’s medical updates because an existing guardianship is in place, our firm has experienced attorneys who can help explain options and timelines for seeking a change through the Clerk of Superior Court. 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.