NC S410

Hospitals may petition superior court for authorization to discharge incapacitated adult patients (18+) when no authorized person is willing to consent to discharge on the patient's behalf

Discharge petitions require written concurrence from both the attending physician and a second physician licensed in North Carolina

Hospitals must wait at least 5 business days after receiving the second physician's written concurrence before filing a petition

Courts must issue an order granting or denying the petition within 5 business days of receipt

Effective date: October 1, 2025