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The North Carolina Medical Power of Attorney issues authorization for a named designee to make health care decisions on behalf of another in instances where the declaring patient may be unable to communicate their needs. This particular contract aims to prepare for unforeseen events by legally establishing a trusted individual with the responsibility of selecting a course of treatment if the principal becomes incapacitated. The document further allows customization for the granting party to restrict the applied controls as needed to conform to their specified needs.

Laws

Statute – North Carolina General Statutes – Article 3 – Health Care Powers of Attorney (§ 32A-15 – 32A-27)

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 – The state of North Carolina mandates that the endorsement of the legal document be performed before a notary with additional corroboration by two admissable (2) witnesses (§ 32A-16(3)).

Revocation – § 32A-20