Can I access my family member’s medical records and bank account information to manage their care and benefits? – North Carolina

Short Answer

Under North Carolina law, a family member generally cannot access another adult’s medical or bank records unless authorized by the person, a court order, or formal appointment as guardian. Before appointment, records can be obtained through the guardianship case by court order, subpoenas, or a multidisciplinary evaluation. After appointment, a guardian of the person may access health information, and a guardian of the estate may access financial accounts; Social Security and VA benefits require separate payee/fiduciary approvals.

Understanding the Problem

The issue is narrow: In North Carolina, can a family member seeking guardianship access an adult sibling’s medical records and bank information to manage care and government benefits? The actor is a potential petitioner in a guardianship case; the relief sought is access to health and financial information; the trigger is preparing and prosecuting a guardianship petition and, if appointed, administering the guardianship.

Apply the Law

North Carolina guardianship is a court process before the Clerk of Superior Court. Filing a verified petition begins the case. During the case, the court can authorize targeted access to medical and financial information needed to decide incompetency and the appropriate guardian. After appointment, a guardian’s authority depends on the type: a guardian of the person handles care decisions (including health information), while a guardian of the estate manages money and property (including bank records). Separate federal processes control access to Social Security and VA benefits.

Key Requirements

• Start the guardianship case: File a verified petition for adjudication of incompetence and for appointment of a guardian with the Clerk of Superior Court.
• Pre‑appointment access is limited: Without consent, use court tools (orders, subpoenas, or a court-ordered evaluation) to obtain needed medical or financial records for the hearing.
• Guardian type controls access: A guardian of the person accesses health information and coordinates care; a guardian of the estate accesses bank and investment records and controls accounts. A general guardian does both.
• Federal benefits require extra steps: Even after appointment, Social Security needs a representative payee and VA requires a VA fiduciary designation before releasing control of those payments.
• Follow clerk timelines and filings: After qualification, expect to receive Letters of Guardianship and to file required inventories and accountings on the schedule set by statute and the clerk.

What the Statutes Say

• North Carolina Gen. Stat. § 35A-1105 (Petition to adjudicate incompetence) – begins the guardianship proceeding before the clerk.
• North Carolina Gen. Stat. § 35A-1111 (Multidisciplinary evaluation) – allows the court to order professional evaluations to inform the decision.
• North Carolina Gen. Stat. § 35A-1241 (Guardian of the person: powers and duties) – addresses health care decision-making authority.
• North Carolina Gen. Stat. § 35A-1251 (Guardian of the estate: powers) – authorizes control of assets, accounts, and financial records.

Analysis

Apply the Rule to the Facts: Here, the petitioner needs records to support a guardianship for a sibling with schizophrenia living in a private assisted living facility. Before appointment, the petitioner generally cannot access medical or bank records without consent. In the case, the petitioner can ask the clerk to issue orders or subpoenas for limited records and, if helpful, request a court-ordered evaluation. If appointed guardian of the person and estate (or as a general guardian), the guardian can speak with providers, obtain medical records, collect bank statements, and take control of accounts. For VA and Social Security, the guardian must also apply to be representative payee/VA fiduciary.

Process & Timing

1. Who files: An interested person (petitioner). Where: Clerk of Superior Court in the North Carolina county with proper venue. What: Verified Petition for Adjudication of Incompetence and Application for Appointment of Guardian (AOC‑SP‑200) and Notice of Hearing (AOC‑SP‑201); some counties use a capacity questionnaire (AOC‑SP‑208). When: The sheriff personally serves the respondent; hearings are often set within weeks, so act promptly on discovery and record requests.
2. During the case: The clerk appoints a guardian ad litem (an attorney) for the respondent. Seek targeted court orders for medical records, and use subpoenas for financial records where appropriate. In urgent situations, the court may enter interim protective orders (for example, to preserve assets) pending the hearing.
3. After appointment: The clerk issues Letters of Guardianship. Provide Letters to health providers and financial institutions to access information and manage care or accounts. Apply to SSA for representative payee status and to the VA for fiduciary approval for those benefits. File required inventories and periodic accountings as directed by statute and the clerk.

Exceptions & Pitfalls

• HIPAA and mental health privacy laws restrict release of records without consent or a court order; request a protective order when seeking sensitive records.
• Facility or bank staff cannot release information based only on a pending petition; wait for a court order or Letters of Guardianship.
• Social Security and VA will not accept state guardianship Letters alone; submit their separate applications for representative payee/VA fiduciary promptly.
• Scope matters: a guardian of the person cannot control bank accounts; a guardian of the estate cannot make health decisions unless also appointed or authorized.
• Serve notice properly and start discovery early; guardianship calendars move quickly and delays can limit access to needed records before the hearing.

Talk to a Guardianship Attorney

If you’re dealing with a North Carolina guardianship and need access to medical and financial records to manage care and benefits, 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.