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

Charlotte North Carolina Revocation of Statutory Equivalent of Living Will or Declaration

Category:

Power of Attorney - Healthcare - Revocations

State:

North Carolina

City:

Charlotte

Control #:

NC-P024B

Format:

Instant download

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Description

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 North Carolina Revocation Of Statutory Equivalent Of Living Will Or Declaration?

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FAQ

To be valid, the person making the Will (the testator) must, with the intent to sign the Will, sign it personally or direct another person to sign it in the testator's presence.

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.

A will in North Carolina generally must be self-proving. This means that the will must have been signed by two disinterested witnesses in front of a notary and the person making the will must be over 18 and of sound mind. However, a will does not have to be self-proving to be valid.

Lack of a Signature and/or Witnesses A will that is unsigned or fails to meet the witness requirements may not be legally enforceable under North Carolina state law. You can contest a will on these grounds.

Aside from a written revocation, you can also revoke all or part of a will in these ways: giving away or selling the property mentioned in your will before you die. destroying, tearing or shredding the original version of your holoraph (handwritten) will or will made in the presence of witnesses.

All Wills can be revoked, either impliedly or expressly, either by conduct or by a specific document. By conduct, the Will can be presented to be revoked by the testator.

You do not have to notarize your will for it to follow North Carolina law. You can choose to make it self-proving, which will need to have it notarized. If it is not notarized, the court will have to contact your two witnesses before any medical orders can be given.

By conduct, the Will can be presented to be revoked by the testator. For example , a testator may make bequest of property in his Will to a person, but he may dispose of the said property even during his life time. This is called implied revocation.

Unlike some states, North Carolina allows an entire will, or just a portion of the will, to be revoked. This revocation may be in the form of a subsequently written will, a codicil, or any other writing expressly declaring the will maker's intent to revoke the will.

Interesting Questions

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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.

Charlotte North Carolina Revocation of Statutory Equivalent of Living Will or Declaration

Description

Related forms

Viewed forms

How to fill out North Carolina Revocation Of Statutory Equivalent Of Living Will Or Declaration?

Form popularity

FAQ

What are the requirements for a will to be valid in North Carolina?

How do I make a living will in NC?

What makes a will legally binding in North Carolina?

What makes a will invalid in NC?

What are two ways a will may be revoked?

What makes a will invalid in North Carolina?

What are the ways of revoking a will?

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

When a will can be revoked?

How can a will be revoked in NC?

Interesting Questions

What does the term 'Revocation of Statutory Equivalent of Living Will or Declaration' mean?

Why would someone want to revoke a Statutory Equivalent of Living Will or Declaration?

How can I revoke a Statutory Equivalent of Living Will or Declaration in Charlotte?

Do I need legal assistance to revoke a Statutory Equivalent of Living Will or Declaration?

Can I make changes to a Statutory Equivalent of Living Will or Declaration instead of revoking it entirely?

Are there any fees associated with revoking a Statutory Equivalent of Living Will or Declaration?

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

Charlotte North Carolina Revocation of Statutory Equivalent of Living Will or Declaration

Description

Related forms

Viewed forms

How to fill out North Carolina Revocation Of Statutory Equivalent Of Living Will Or Declaration?

Form popularity

FAQ

What are the requirements for a will to be valid in North Carolina?

How do I make a living will in NC?

What makes a will legally binding in North Carolina?

What makes a will invalid in NC?

What are two ways a will may be revoked?

What makes a will invalid in North Carolina?

What are the ways of revoking a will?

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

When a will can be revoked?

How can a will be revoked in NC?