Q: Can state grant universal POA for incapacitated family member in NC?
I have a family member who is wheelchair-bound and incapable of basic self-care. Currently, I have medical power of attorney for them. They have been discharged from two assisted living facilities due to the level of care needed and have had multiple ER visits and lengthy hospital stays. There are no disputes among family members regarding decision-making, but no one is available to provide care. Given these circumstances, can the state intervene and allow a universal power of attorney if supported by medical evidence?
A: Unfortunately, the state cannot grant a power of attorney of any type. If you are the agent under the healthcare power of attorney and that family member is incapable of making decisions for themselves, then you are the shot-caller at the present time. The real issue is about finances. Unfortunately, if the person lacks contract capacity (which your question seems to imply) then they cannot execute a durable or financial power of attorney. This means you will need to file for guardianship of the estate over the person. The law changed in 2024 so the court will look for less restrictive means, if possible, but you will likely be chosen as guardian of the estate should you petition and your family is all on board, barring any severe criminal or financial convictions in your past.
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