Power of Attorney and Health Care – General – North Carolina
An “authorization to consent to health care for minor” is a written instrument, signed by the custodial parent and acknowledged before a notary public, pursuant to which the custodial parent authorizes an agent to authorize and consent to health care for the minor child of the custodial parent, and which substantially meets the requirements of the statute.
A “minor or minor child” is an individual who has not attained the age of 18 years and who has not been emancipated.
Any custodial parent who is 18 years of age or older or who is emancipated may make an authorization to consent to health care for the parent’s minor child.
Authorization and Revocation
An authorization to consent to health care for minor may be automatically revoked as follows:
If the authorization to consent to health care for minor specifies a date after which it shall not be effective, then the authorization shall be automatically revoked on that date.
An authorization to consent to health care for minor is automatically revoked upon the minor child’s attainment of the age of 18 years or upon the minor child’s emancipation.
An authorization to consent to health care for minor executed by a custodial parent is automatically revoked upon the termination of such custodial parent’s rights to custody of the minor child.
An authorization to consent to health care for minor may be revoked at any time by the custodial parent making the authorization. The revocation may be by executing and acknowledging an instrument of revocation, by executing and acknowledging a subsequent authorization to consent to health care for the minor, or in any other manner in which the custodial parent is able to communicate the parent’s intent to revoke. A revocation becomes effective only upon communication by the custodial parent to the agent named in the revoked authorization.
In the event of a disagreement regarding the health care for a minor child between two or more agents authorized to consent to and authorize health care for a minor, or between any such agent and a parent of the minor, then any authorization to consent to health care for minor designating any person as an agent is automatically revoked during the period of such disagreement, and the provisions of health care for the minor during such period are governed by common law and other provisions of law, as if no authorization to consent to health care for minor had been executed.
An authorization to consent to health care for minor is not affected by the subsequent incapacity or mental incompetence of the custodial parent making such authorization.
Statutory Form
The statutory form is not required.
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