Hello ,

Imagine you’re lounging at the beach with your spouse, drink in hand, sun shining…when disaster strikes. Your spouse is rushed to the ER in Wilmington, far from home, unconscious and unable to communicate. Doctors turn to you, expecting a Healthcare Power of Attorney (HCPOA). You don’t have one.

Under North Carolina law, that’s a problem.

A Spouse's Decision?

Contrary to what many believe, being a spouse doesn’t automatically give you the right to make medical decisions. If there’s no HCPOA, the hospital will look to the court-appointed guardian first. You—yes, even as a spouse—come second. That means you could be legally sidelined in a moment when your voice matters most.

This isn’t a horror story—it’s a reality for too many families. We often hear from clients who put off estate planning because they felt “too young” or thought they’d “get to it eventually.” But the truth is: if you're over 18, you're not too young to need an HCPOA.

A Healthcare Power of Attorney lets you appoint someone you trust to make medical decisions if you’re ever incapacitated. It can also include your preferences for treatments like artificial nutrition or end-of-life care. Without it, those choices may be made by someone you wouldn’t choose—or delayed by court proceedings that are costly, emotional, and slow.

Greg McIntyre

Elder Law & Estate Planning Attorney 

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