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North Carolina Revocation of Statutory Equivalent of Living Will or...

North Carolina Revocation of Statutory Equivalent of Living Will or Declaration

Name: North Carolina Revocation of Statutory Equivalent of Living Will or Declaration
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.7 (426 reviews)

Category:

Power of Attorney - Healthcare - Revocations

State:

North Carolina

Control #:

NC-P024B

Format:

Instant download

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Description Revocation Living Will

This form is a revocation of NC-P024 which provides a person's wishes and desires regarding whether or not his/her life is prolonged by artificial means. Specific reference is made to the earlier executed Declaration.

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How to fill out Revocation Condition Individual?

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Desire Revocation Revoke Form popularity

Declaration Death Revocation Other Form Names

Condition Individual Revoke Statutory Will Declaration Nc Will Declaration Nc Statutory Will Death Revocation Condition Declarant Desire Natural Revocation Equivalent Will

Desire Revocation Individual FAQ

North Carolina law does not require a formal reading of the will. How may I get a copy of a will after my loved one has died? After someone has died, the will may be filed with a clerk of court. A decedent's will becomes a public record when it is filed, after the decedent's death, with the clerk of court.

Will my living will ever expire? Your living will remains effective for as long as you live, unless you intentionally revoke it or the courts get involved (e.g., someone challenges whether you had capacity to make the document, or a court questions whether your document meets the state's requirements).

A living will can be revoked either orally or in writing. If you sign a new living will, it may revoke any prior living will you made. However, to revoke your appointment of a health care representative, you must do so in writing that is observed and signed by two witnesses in order for the revocation to be valid.

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.

Living Wills are Binding Legal Documents You need to legally outline your wishes in compliance with state law. Your living will needs to cover what you wish to happen if you become terminally ill, permanently unconscious, or unable to convey your own wishes.

Form a Last Will in North Carolina Signature: The will must be signed by the testator with the intent to sign or by another person under his direction and in his presence. Witnesses: At least two witnesses must sign a North Carolina last will and testament in order for it to be valid.

A living will can be canceled or revoked at any time. You can cancel your living will by indicating, in writing, that it has been cancelled. Destroying your original living will may cancel the will, but revoking the will in writing is more formal.

A living will is a vital part of the estate plan.But your family cannot override your living will. They cannot take away your authority to make your own treatment and care plans. In fact, you always retain the right to override your own decisions.

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Revocation of Statutory Equivalent of Living Will or Declaration

STATUTORY REFERENCE

ALL REFERENCES ARE TO THE NORTH CAROLINA GENERAL STATUTES

REVOCATION OF DECLARATION OF A DESIRE FOR A NATURAL DEATH

(Â§Â§ 90-320 through 90-323)

Definitions

A "declarant" is a person who has signed a declaration in accordance with the provisions of Â§Â§ 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.

Revocation of Statutory Equivalent of Living Will or Declaration

STATUTORY REFERENCE

ALL REFERENCES ARE TO THE NORTH CAROLINA GENERAL STATUTES

REVOCATION OF DECLARATION OF A DESIRE FOR A NATURAL DEATH

(Â§Â§ 90-320 through 90-323)

Definitions

A "declarant" is a person who has signed a declaration in accordance with the provisions of Â§Â§ 90-320 through 90-323.

A "physician" is any person licensed to practice medicine pursuant to North Carolina law.

Effectiveness of Declaration

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.

Revocation

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.

North Carolina Revocation of Statutory Equivalent of Living Will or Declaration

Description Revocation Living Will

Nc Living Will Related forms

Viewed forms

How to fill out Revocation Condition Individual?

Desire Revocation Revoke Form popularity

Declaration Death Revocation Other Form Names

Desire Revocation Individual FAQ

Does a will need to be recorded in NC?

Do living wills expire?

Can a living will be revoked orally?

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

Is a living will legally binding?

What makes a will valid in North Carolina?

Can a living will be revoked?

Can family override living will?

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