In North Carolina, you can use a Health Care Directive to describe your health care wishes or to name a person to make health care decisions for you.
After you make your document, you must have it signed by two witnesses or notarized. Neither the witnesses or the notary may be:
- under the age of 18
- your spouse or another person related to you by blood, marriage or adoption
- your health care agent
- a person entitled to any part of your estate upon your death, or
- a person with a claim against your estate.
In addition, at least one witness must not be a health care or longterm care provider providing you with direct care or an employee of the health care or long-term care provider providing you with direct care. (This restriction does not apply to the notary.)
After you sign your document and have it witnessed or notarizedd, it is legally valid. Keep the original in your files and give a copy to your health care agent, if you named one. To ensure that you get the health care that you want, it’s a good idea to make your wishes widely known. So, you might also consider giving copies of your health care directive to your physician, your hospital, your HMO or other insurance plan, and trusted family members and friends.
Review your document every few years to make sure that it still reflects your wishes. Also, consider making a new document if you move to another state, get married or divorced, or if your agent is no longer able to supervise your wishes.
Your properly finalized document will stay in effect until you revoke it, if you ever choose to do so. You can revoke your document at any time. The best way to revoke your health care directive is to do it in writing. If possible, also collect and tear up all copies that you may have distributed to others. Finally, tell everyone who knows about your document that you have revoked it.
Learn more about Living Wills and Medical Powers of Attorney.
When you make a health care directive with Quicken WillMaker Plus, it will conform to all of North Dakota’s health care directive laws and it will print with plain English instructions that detail how to make it legal.