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North Carolina Statutory Living Will - Advance Directive for a Natural...

North Carolina Statutory Living Will - Advance Directive for a Natural Death

Category:

Power of Attorney - Healthcare - Living Wills

State:

North Carolina

Control #:

NC-P024

Format:

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Overview of this form

The Statutory Living Will - Advance Directive for a Natural Death is a legal document that allows individuals to express their wishes regarding life-prolonging measures in the event of a terminal illness or an incapacitating condition. Unlike power of attorney documents, this form specifically addresses decisions about medical treatment and healthcare preferences as they relate to end-of-life care, ensuring that your desires are respected when you are unable to communicate them.

Form components explained

Desires for life-prolonging measures based on medical conditions.
Directions about withholding or withdrawing medical interventions.
Options regarding artificial nutrition and hydration.
Instructions for maintaining comfort and dignity in care.
Indications of the effect of a health care agent on the directives.
Statement of understanding and revocation rights.

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When this form is needed

This form should be used when you want to prepare for situations where you may no longer be able to make decisions regarding your healthcare. It is particularly relevant if you have a terminal illness, are unconscious with no chance of recovery, or suffer from conditions that result in severe cognitive impairment. By using this Advance Directive, you ensure that your healthcare providers and loved ones understand your wishes regarding life support and other medical treatments.

Intended users of this form

Individuals who want to specify their wishes about end-of-life medical care.
People diagnosed with terminal or life-limiting conditions.
Anyone interested in ensuring their healthcare preferences are known and respected.
Adults who want to engage in proactive healthcare planning.

Steps to complete this form

Read the form carefully to understand all the provisions and implications.
Fill in your name and relevant personal details in the designated areas.
Specify your wishes regarding life-prolonging measures by initialing the appropriate sections.
Ensure that the form is signed in the presence of two qualified witnesses and a notary public.
Provide copies to your primary healthcare provider and trusted family members.

Does this document require notarization?

Notarization is required for this form to take effect. Our online notarization service, powered by Notarize, lets you verify and sign documents remotely through an encrypted video session, available 24/7.

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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.

Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.

Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.

If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.

We protect your documents and personal data by following strict security and privacy standards.

Avoid these common issues

Not discussing your wishes with family and healthcare professionals before completing the form.
Failing to sign the document in front of the required witnesses and notary.
Initialing more than one option in sections where only one is allowed.
Not providing copies of the signed form to relevant parties, which may lead to confusion.

Benefits of completing this form online

Immediate access to the legally vetted template, ensuring compliance with relevant laws.
Convenience of filling out the form at your own pace, without pressure or time constraints.
Ability to download and print the form for easy distribution and storage.
Clear guidance provided with the form to help you make informed decisions.

Main things to remember

The Statutory Living Will allows you to state your healthcare wishes regarding life-prolonging measures.
Itâs vital to discuss your healthcare preferences with your family and medical providers.
The form must be completed carefully and requires notarization and witnesses.
Storing copies with your primary physician and trusted individuals is recommended for clarity in future healthcare decisions.

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FAQ

A living will is a vital part of the estate plan. You can alter it as your preferences and needs change over time.But your family cannot override your living will. They cannot take away your authority to make your own treatment and care plans.

An advance directive is a set of instructions someone prepares in advance of ill health that determines his healthcare wishes. A living will is one type of advance directive that becomes effective when a person is terminally ill.

The name and contact information of your healthcare agent/proxy. Answers to specific questions about your preferences for care if you become unable to speak for yourself. Names and signatures of individuals who witness your signing your advance directive, if required.

A living will, also called a directive to physicians or advance directive, is a document that lets people state their wishes for end-of-life medical care, in case they become unable to communicate their decisions. It has no power after death.

A 2004 survey by , which provides online legal information, found that 36 percent of Americans have a living will. Even when people have filled out living wills, doctors often ignore them. Good deaths are fewer than bad deaths, says Rev. Dr.

An advance directive, alone, may not be sufficient to stop all forms of life-saving treatment. You may also need specific do not resuscitate, or DNR orders.You retain the right to override the decisions or your representative, change the terms of your living will or POA, or completely revoke an advance directive.

No, in North Carolina, you do not need to notarize your will to make it legal.A self-proving will speeds up probate because the court can accept the will without contacting the witnesses who signed it.

The living will. Durable power of attorney for health care/Medical power of attorney. POLST (Physician Orders for Life-Sustaining Treatment) Do not resuscitate (DNR) orders. Organ and tissue donation.

Advance directives generally fall into three categories: living will, power of attorney, and health care proxy.

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Statutory Living Will - Advance Directive for a Natural Death

STATUTORY REFERENCE ALL REFERENCES ARE TO THE NORTH CAROLINA GENERAL STATUTES DECLARATION OF A DESIRE FOR A NATURAL DEATH (§§ 90-320 through 90-323) Definitions A "declarant" is a person who has signed a declaration in accordance with the provisions of §§ 90-320 through 90-323. "Extraordinary means" is any medical procedure or intervention which in the judgment of the attending physician would serve only to postpone artificially the moment of death by sustaining, restoring, or supplanting a vital function. A "physician" is any person licensed to practice medicine pursuant to North Carolina law. A "persistent vegetative state" is a medical condition whereby, in the judgment of the attending physician, the patient suffers from a sustained complete loss of self aware cognition and, without the use of extraordinary means or artificial nutrition or hydration, will succumb to death within a short period of time. Effectiveness of Declaration If a person has declared a desire that his life not be prolonged by extraordinary means or by artificial nutrition or hydration, and the declaration has not been revoked, and it is determined by the attending physician that the declarant's present condition is terminal and incurable or the declarant is diagnosed as being in a persistent vegetative state, and there is confirmation of the declarant's present condition by a physician other than the attending physician, then extraordinary means or artificial nutrition or hydration may be withheld or discontinued upon the direction and under the supervision of the attending physician. The attending physician may rely upon a signed, witnessed, dated and proved declaration:

Which expresses a desire of the declarant that extraordinary means or artificial nutrition or hydration not be used to prolong his life if his condition is determined to be terminal and incurable, or if the declarant is diagnosed as being in a persistent vegetative state; and Which states that the declarant is aware that the declaration authorizes a physician to withhold or discontinue the extraordinary means or artificial nutrition or hydration; and Which has been signed by the declarant in the presence of two witnesses who believe the declarant to be of sound mind and who state that they are not related within the third degree to the declarant or to the declarant's spouse, do not know or have a reasonable expectation that they would be entitled to any portion of the estate of the declarant upon his death under any will of the declarant or codicil thereto then existing or under the Intestate Succession Act as it then provides, are not the attending physician, or an employee of the attending physician, or an employee of a health facility in which the declarant is a patient, or an employee of a nursing home or any group care home in which the declarant resides, and do not have a claim against any portion of the estate of the declarant at the time of the declaration; and which has been proved before a clerk or assistant clerk of superior court, or a notary public who certifies that the declaration has been proved.

A declaration may be proved before a clerk or assistant clerk of superior court, or a notary public upon the testimony of the two witnesses; or If the testimony of only one witness is available, then upon the testimony of such witness, and upon proof of the handwriting of the witness who is dead or whose testimony is otherwise unavailable, and upon proof of the handwriting of the declarant, unless he signed by his mark; or upon proof of such other circumstances as will satisfy the clerk or assistant clerk of the superior court, or a notary public as to the genuineness and due execution of the declaration. If the testimony of none of the witnesses is available, such declaration may be proved by the clerk or assistant clerk, or a notary public upon proof of the handwriting of the two witnesses whose testimony is unavailable, and upon compliance with the requirements set out above proper execution may be established, where the evidence required above is unavoidably lacking or inadequate, by testimony of other competent witnesses as to the requisite facts. The testimony of a witness is "unavailable" when the witness is dead, out of the State, not to be found within the State, insane or otherwise incompetent, physically unable to testify or refuses to testify. If the testimony of one or both of the witnesses is not available, the clerk or the assistant clerk, or a notary public or superior court may, upon proper proof, certify the declaration using the statutory certification provided for that purpose. Revocation A declaration may be revoked by the declarant, in any manner by which he is able to communicate his intent to revoke, without regard to his mental or physical condition. A revocation becomes effective only upon communication to the attending physician by the declarant or by an individual acting on behalf of the declarant. The statutory form may be combined with or incorporated into a health care power of attorney form, provided, however, that the resulting form shall be signed, witnessed, and proved in accordance with the statutory provisions relating to a DECLARATION OF A DESIRE FOR A NATURAL DEATH. Note: All Information and Previews are subject to the Disclaimer located on the main forms page, and also linked at the bottom of all search results.

Statutory Living Will - Advance Directive for a Natural Death

Which expresses a desire of the declarant that extraordinary means or artificial nutrition or hydration not be used to prolong his life if his condition is determined to be terminal and incurable, or if the declarant is diagnosed as being in a persistent vegetative state; and Which states that the declarant is aware that the declaration authorizes a physician to withhold or discontinue the extraordinary means or artificial nutrition or hydration; and Which has been signed by the declarant in the presence of two witnesses who believe the declarant to be of sound mind and who state that they are not related within the third degree to the declarant or to the declarant's spouse, do not know or have a reasonable expectation that they would be entitled to any portion of the estate of the declarant upon his death under any will of the declarant or codicil thereto then existing or under the Intestate Succession Act as it then provides, are not the attending physician, or an employee of the attending physician, or an employee of a health facility in which the declarant is a patient, or an employee of a nursing home or any group care home in which the declarant resides, and do not have a claim against any portion of the estate of the declarant at the time of the declaration; and which has been proved before a clerk or assistant clerk of superior court, or a notary public who certifies that the declaration has been proved.

North Carolina Statutory Living Will - Advance Directive for a Natural Death

This form is part of a form package!

Overview of this form

Form components explained

Related forms

When this form is needed

Intended users of this form

Steps to complete this form

Does this document require notarization?

Get your form ready online

Avoid these common issues

Benefits of completing this form online

Main things to remember

Looking for another form?

Viewed forms

Form popularity

FAQ

Who can override a living will?

What is the difference between living will and advance directive?

What should be included in an advance directive?

Is a living will valid after death?

Can a living will be ignored?

Can family override advance directive?

Does a living will need to be notarized in North Carolina?

What are the 3 types of advance directives?

How many types of advance directives are there?

Explore more forms

Trusted and secure by over 3 million people of the world’s leading companies

North Carolina Statutory Living Will - Advance Directive for a Natural Death

This form is part of a form package!

Overview of this form

Form components explained

Related forms

When this form is needed

Intended users of this form

Steps to complete this form

Does this document require notarization?

Get your form ready online

Avoid these common issues

Benefits of completing this form online

Main things to remember

Looking for another form?

Viewed forms

Form popularity

FAQ

Who can override a living will?

What is the difference between living will and advance directive?

What should be included in an advance directive?

Is a living will valid after death?

Can a living will be ignored?

Can family override advance directive?

Does a living will need to be notarized in North Carolina?

What are the 3 types of advance directives?

How many types of advance directives are there?

North Carolina Statutory Living Will - Advance Directive for a Natural Death Related Searches

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