North Carolina Living Wills and Health Care Powers of Attorney: What You Need to Know

Creating a North Carolina health care power of attorney and advance directive is an important estate planning step.

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Why do you need a living will and health care power of attorney in North Carolina?

If you become unable to direct your own medical care because of illness, an accident, or advanced age, the right legal documents are your lifeline. When you don't write down your wishes about the kinds of medical treatment you want and name someone you trust to oversee your care, these important matters can be placed in the hands of estranged family members, doctors, or sometimes even judges, who may know very little about what you would prefer.

What are health care forms called in North Carolina?

There are two basic kinds of health care documents that everyone should make. First, you'll need a document naming a trusted person to direct your health care if you are unable to do so yourself. In North Carolina, the official name for this form is a health care power of attorney.

Second, you should make a document setting out the types of medical treatment you would or would not like to receive in certain situations. This document is often known as a living will. In North Carolina, this form is sometimes called an "advance directive for a natural death."

Who makes health care decisions for me in North Carolina?

In North Carolina, the person you name to make decisions for you is called your health care agent. Most people name a spouse, partner, relative, or close friend as their health care agent. Under North Carolina law, your health care agent may not be:

  • under the age of 18, or
  • providing health care to you for compensation.

What else do I need to know about choosing a health care agent in North Carolina?

When choosing your health care agent, the most crucial criteria are trustworthiness and dependability. You might also want to choose someone you think will be good at asserting your health care wishes if others argue against them -- that is, someone who is persistent or calm under pressure.

While you need not name someone who lives in North Carolina, the person you name should at least be willing and able to travel to your bedside if necessary.

Your health care agent will begin to make health care decisions for you when you lack the capacity to do so. For more information, see Nolo's article Living Wills and Powers of Attorney for Health Care: How They Work.

Do I need a lawyer to make health care documents in North Carolina?

You usually don't need a lawyer to prepare documents directing your health care. In fact, state governments have designed these forms for people to complete on their own by filling in the blanks. You can find the health care forms you need for North Carolina in Nolo's Quicken WillMaker Plus software. The software includes detailed instructions for completing your documents and meets all North Carolina legal requirements.

Updated by: , J.D.

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