A North Carolina Living Will Can Ensure Your End-of-Life Wishes Are Carried Out

 Who Determines if I Receive Life-Prolonging Medical Treatment if I Don’t Have a Living Will in North Carolina?

As mentioned at the beginning of this article, if you do not have a living will in place and you encounter an unexpected illness or injury that leaves you lacking capacity to make or communicate your wishes regarding medical treatment, others are going to be forced to make those decisions for you, and possibly in a manner that is inconsistent with your wishes.

More specifically, as is often the case, a person facing an incapacitating illness or injury may be capable of having one or more vital bodily functions restored or sustained by life-prolonging measures. However, if a physician determines that the condition is incurable and will result in the person’s death within a relatively short period of time or that the person is unconscious and will never regain consciousness, then if the person does not have a living will such life-prolonging measures will be withheld or discontinued at the direction of the attending physician and with the agreement of the following persons, and in the order indicated:

• A guardian of the patient's person appointed by a court unless the patient has a valid health care power of attorney, then the health care agent shall have the right to exercise the authority to the extent granted.
• A health care agent appointed pursuant to a valid health care power of attorney.
• An agent, with powers to make health care decisions for the patient, appointed by the patient pursuant durable power of attorney.
• The patient's spouse.
• A majority of the patient's reasonably available parents and children who are at least 18 years of age.
• A majority of the patient's reasonably available siblings who are at least 18 years of age.
• An individual who has an established relationship with the patient, who is acting in good faith on behalf of the patient, and who can reliably convey the patient's wishes.

If none of the above is reasonably available then life-prolonging measures may be withheld or discontinued at the discretion of the attending physician.