What is a North Carolina Health Care Power of Attorney
Every individual in North Carolina has the right to control the decisions relating to his or her medical care. In its simplest form, a health care power of attorney is a written document whereby you designate another person to be your representative in the event of an illness or injury that prevents you from being able to communicate your desires regarding your medical care. Ultimately, a health care power of attorney can ensure that your loved ones will be able to assist with honoring your wishes as it pertains to the type and scope of medical treatment you want to receive, particularly end of life choices, when you lack enough understanding or capacity to communicate such decisions.
Requirements for a Valid North Carolina Health Care Power of Attorney
North Carolina General Statute 32A-16 sets forth numerous requirements that must be met in order for a health care power of attorney to be valid. Specifically, the following conditions must be met:
- Written: In North Carolina, the health care power of attorney must be in writing.
- Capacity: The principal, or the person making the health care power of attorney, must be 18 years of age or older and have enough understanding to make and communicate health care decisions.
- Signed: The principal must sign the health care power of attorney.
- Signed In the Presence of Two Qualified Witnesses: The principal must sign the health care power of attorney in the presence of two qualified witnesses, who believe the principal to be of sound mind, and acknowledge that he or she:
- Is not related within the third degree to the principal or principal's spouse,
- Does not have a reasonable expectation that he or she would be entitled to any portion of the estate of the principal upon the principal's death under any existing will, codicil, or the Intestate Succession Act,
- Is not the attending physician of the principal, a licensed health care provider who is a paid employee of the attending physician, or a paid employee of a health care facility or nursing home in which the principal is a patient, and
- Does not have a claim against any portion of the estate of the principal at the time of the principal's execution of the health care power of attorney.
- Acknowledged Before a Notary Public
When executed properly, the person that you designate as your agent is appointed to act for you in matters relating to your health care, which can include any care, treatment, service, or procedure to maintain, diagnose, treat, or provide for your physical, mental health, personal care, and comfort, including life-prolonging measures.
