Medical Power of Attorney in North Carolina

North Carolina uses a 'health care power of attorney' naming a health care agent. It must be signed in the presence of two qualified witnesses (the same witness restrictions as for a living will) and acknowledged before a notary public. An optional statutory form is provided.

A health care power of attorney must be signed in front of two qualified witnesses and acknowledged before a notary. A living will ('Declaration of a Desire for a Natural Death') must also be signed in front of two qualified witnesses and proved before a notary or clerk of superior court. Witnesses cannot be related within the third degree to the person or their spouse, expect to inherit, have a claim against the estate, or be the attending physician or a paid employee of the physician or the person's health facility, nursing home or adult care home. Optional statutory forms exist for both.

North Carolina's living will is a 'Declaration of a Desire for a Natural Death.' It can direct that life-prolonging measures be withheld or stopped if the person has an incurable or irreversible condition that will cause death within a relatively short time, becomes permanently unconscious, or has advanced dementia or another irreversible substantial loss of cognitive ability. It must be signed before two qualified witnesses (not related within the third degree to the person or spouse, not expecting to inherit, without a claim against the estate, and not the attending physician or a paid employee of the physician or the person's health facility) and proved before a notary or clerk. An optional statutory form is provided.

North Carolina has a statutory form for a financial power of attorney: the "North Carolina Statutory Short Form Power of Attorney" in G.S. 32C-3-301, an optional form that the principal signs and dates before a notary, who completes the acknowledgment. For health care, G.S. 32A-25.1 provides a statutory "Health Care Power of Attorney" form; the principal's signature must be witnessed by two qualified witnesses and proved by a notary public, and the form says not to sign until two witnesses and a notary are present. Witnesses cannot be related to the principal by blood or marriage or be the principal's attending physician, among other listed exclusions.