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

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

Category:

Power of Attorney - Healthcare - Living Wills

State:

North Carolina

City:

Charlotte

Control #:

NC-P024

Format:

Instant download

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Description

This Declaration form allows you to express your wishes and desires regarding whether or not your life is prolonged by artificial means in the event that you are in a terminal, incurable condition or persistent vegetative state.

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How to fill out North Carolina Statutory Living Will - Advance Directive For A Natural Death?

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FAQ

Additionally, when you are ready to fill out your advance directive, your health care team might be able to help. 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. LIVING WILL: This is a written document that specifies what types of medical treatment are desired.

Contact Advance Health Care Directives Telephone. 919-814-5363. Fax. 919 814-5397. Mailing Address. Advance Health Care Directive Registry. Department of the Secretary of State. Post Office Box 29622. Raleigh, North Carolina 27626-0622. Carrier Envelopes. 2 South Salisbury Street. Raleigh, North Carolina 27601-2903.

In North Carolina, a living will must be signed by two witnesses and they must have the signature of the notary public. There are specific laws in North Carolina that explain who can and cannot sign a living will as a witness. Your witnesses cannot be related to you by blood or marriage.

Think of it as a living will ? or as a conversation piece you can use to collect all your end-of-life wishes in a single place. Five Wishes is a legal document in all states but eight. Alabama, Indiana, Kansas, New Hampshire, Ohio, Oregon, Texas and Utah all require their own official documentation.

The short answer is that a living will is a type of advance directive, while ?advance directive? is a broad term used to describe any legal document that addresses your future medical care. Living wills are advance directives, but not all advance directives are living wills.

A living will, a health care power of attorney and an advance instruction for mental health treatment must be: (1) written; (2) signed by you while you are still able to make and communicate health care decisions; (3) witnessed by two qualified adults; and (4) notarized.

A Do Not Resuscitate (DNR) order is another kind of advance directive. A DNR is a request not to have cardiopulmonary resuscitation (CPR) if your heart stops or if you stop breathing. (Unless given other instructions, hospital staff will try to help all patients whose heart has stopped or who have stopped breathing.)

If you want to use this form, you must complete it, sign it, and have your signature witnessed by two qualified witnesses and proved by a notary public. Follow the instructions about which choices you can initial very carefully.

A Health Care Proxy designates another person to make medical decisions should you be unable to do so, and a Living Will allows you to list medical treatments that you would or would not want if you became terminally ill and unable to make your own decisions.

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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.

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

Description

Related forms

Viewed forms

How to fill out North Carolina Statutory Living Will - Advance Directive For A Natural Death?

Form popularity

FAQ

What are 4 things that should be included in an advance directive?

What are the 3 categories that advance directives usually fall into?

How do I get an advance directive in NC?

How do you set up a living will in NC?

What is the difference between a Living Will and 5 wishes?

Is advance directive the same as living will?

Does an advance directive need to be notarized in NC?

Is a DNR and advance directive the same thing?

Does a healthcare power of attorney need to be notarized in North Carolina?

Is a proxy directive the same as a Living Will?

Interesting Questions

What is a Charlotte Statutory Living Will?

Why should I have a Charlotte Statutory Living Will?

Who can create a Charlotte Statutory Living Will?

What decisions can I make in a Charlotte Statutory Living Will?

Is a Charlotte Statutory Living Will legally binding?

Do I need a lawyer to create a Charlotte Statutory Living Will?

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

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

Description

Related forms

Viewed forms

How to fill out North Carolina Statutory Living Will - Advance Directive For A Natural Death?

Form popularity

FAQ

What are 4 things that should be included in an advance directive?

What are the 3 categories that advance directives usually fall into?

How do I get an advance directive in NC?

How do you set up a living will in NC?

What is the difference between a Living Will and 5 wishes?

Is advance directive the same as living will?

Does an advance directive need to be notarized in NC?

Is a DNR and advance directive the same thing?

Does a healthcare power of attorney need to be notarized in North Carolina?

Is a proxy directive the same as a Living Will?