A North Carolina minor (child) power of attorney is a document allowing a parent or guardian to delegate temporary decision-making authority over their child to a designated third party, known as the attorney-in-fact. This legal document is typically utilized when parents or guardians are unable to be present to make decisions or provide care due to reasons like travel, hospitalization, or military duty.
A power of attorney for the care of a minor child can be utilized to address the child’s healthcare needs. The designated attorney-in-fact typically has the authority to select healthcare providers, including doctors and dentists, to represent the parent’s decisions.
Legal Considerations
Statute: §§ 32C-1-101–32C-4-403 and §§ 32A-28–32A-34.
Where to Record: Recording this document isn’t required.
Signing Requirements: Notary public (§ 32C-1-105).
Length of Validity: For healthcare only, valid until revoked, child’s emancipation or attainment of the age of 18, or expiration date specified in the authorization (§ 32A-32).
Authorization to Consent to Health Care for a Minor
While North Carolina does not have specific laws for general Power of Attorney arrangements, it does offer a state form for healthcare decisions, authorizing medical treatment control for up to six months.
Application for the Appointment of a Guardian for a Minor
For longer-term needs, parents may seek temporary or permanent guardianship through the North Carolina court system by filing an Application for the Appointment of a Guardian for a Minor.
