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The North Carolina Advance Directive is a preplanned contractual arrangement maintained to solidify an understanding of the desired course of action regarding health care decision-making. The document presents several scenario-based selections and space for the declarant to state their wishes for handling each situation. The secondary purpose of the form is to name an attorney-in-fact to speak on behalf of the principal regarding possible treatments should they become unable to convey their preferences. Once the form is filled, it can be signed with the assistance of two (2) suitable witnessing parties and a licensed notary. Upon the execution of the paperwork, it can be filed with the NC Secretary of State Advance Health Care Directive Registry by submitting it in one of the following ways:

By Mail:
Advance Health Care Directive Registry
Department of the Secretary of State
Post Office Box 29622
Raleigh, NC 27626-0622

By Fax:
(919) 814-5397

Registering the agreement is optional but sensible to ensure that the principal party’s requests are confirmed and retained (§ 130A-466).

This document contains the following sections:

Part I: Living Will
Part II: Health Care Power of Attorney

Laws

Statutes – North Carolina General Statutes – Article 3 – Health Care Powers of Attorney (§ 32A-15 – 32A-27) and North Carolina General Statutes – Article 23 – Right to Natural Death; Brain Death (§ 90-320 – 90-324)

Definition – “Health care power of attorney” – Except as provided in G.S. 32A-16.1, a written instrument that substantially meets the requirements of this Article, that is signed in the presence of two qualified witnesses, and acknowledged before a notary public, pursuant to which an attorney-in-fact or agent is appointed to act for the principal in matters relating to the health care of the principal. The notary who takes the acknowledgment may but is not required to be a paid employee NC General Statutes – Chapter 32A Article 3 2 of the attending physician or mental health treatment provider, a paid employee of a health facility in which the principal is a patient, or a paid employee of a nursing home or any adult care home in which the principal resides (§ 32A-16(3)).

Signing Requirements – Two (2) allowable witnesses and a notary official will be needed to confirm the commitment’s enactment (§ 90-321(c)). Certain scenarios that may be considered a “state of emergency” will grant a waiver to instate without witness verification as summarized in NC General Statutes § 32A-16.1.

Revocation – § 90-321(e) and § 32A-20