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Consent to Health Care for Minors

North Carolina law allows a parent to delegate decisions relating to health care for their child to another adult while they are unavailable.

child holding hand of parent who is leaving

A parent may execute an Authorization to Consent to Health Care for Minor to delegate health care decisions to an authorized agent to make health care decisions for the parent's child while the parent is unavailable for a period of time by reason of travel or otherwise. Military personnel often execute such consent agreements so that family can make medical decisions for the child while the military person is deployed. Custodial parents who travel frequently also execute these documents.

Formalities

To be valid, the Consent to Health Care for a Minor, must be signed by the custodial parent having sole or joint legal custody and acknowledged before a notary public in full compliance with N.C. Gen. Stat. 32A-29. A properly executed consent is valid for the agent to make decisions for a minor child who is not yet eighteen and has not otherwise become emancipated. Health care decisions may include any decision regarding the minor's care, treatment, service or procedure to maintain, diagnose, treat, or provide for a minor child's physical or mental or personal care and comfort, including life sustaining procedures and dental care.

Powers

A custodial parent of a minor child, pursuant to a Consent to Health Care for Minor, may grant an agent full power and authority to consent to and authorize health care for the minor child to the same extent that a custodial parent could give such consent and authorization. The parent may not authorize the agent to withhold life sustaining procedures for a minor child through the use of a Consent to Health Care for Minor form. The parent may also put specific restrictions and limitations on the authority granted the agent.

Revocation

A Consent to Health Care for Minor is automatically revoked when:

  1. the authorization specifies a date after which it is no longer effective;
  2. the minor child attains the age of eighteen or is otherwise emancipated; or
  3. the rights of the custodial parent, who signed the agreement, to custody of the minor child are terminated.

The Consent may also be revoked at any time by the parent who signed the agreement.

Sample document: Authorization to Consent to Health Care for Minor

You may review an example of a Authorization to Consent to Health Care for Minor. Consult with a licensed attorney before you execute such a document to ensure it meets your particular needs.


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