Health Care Power of Attorney
Tell Your Medical Professionals Who You Want Making your Medical Decisions if you Are Unable.
What is a Health Care Power of Attorney?
A Health Care Power of Attorney (HCPOA) is a legal document that authorizes a trusted person (the agent) to make medical decisions on your behalf (the principal) if you are unable to communicate or make decisions due to incapacity. It ensures your health care wishes are followed.
What is it Useful For?
Medical Decision-Making: Empowers your agent to consent to or refuse treatments, access medical records, or make decisions about hospitalization or end-of-life care.
Incapacity Protection: Ensures your health care preferences are honored if you’re unconscious or mentally incapacitated.
Coordination with Living Will: Complements a living will by covering decisions beyond life-sustaining treatment, such as routine care or mental health treatment.
Avoiding Court Intervention: Prevents the need for court-appointed guardianship for medical decisions.
Personalized Care: Allows you to choose an agent who understands your values and preferences.
North Carolina Laws
Governed by N.C. Gen. Stat. § 32A-15 et seq.: An HCPOA must be in writing, signed by the principal, and either notarized or witnessed by two qualified adults who are not related to the principal or agent.
Capacity: The principal must be at least 18 and of sound mind when signing.
Agent Authority: The agent can make health care decisions only when a physician determines the principal lacks capacity. Authority can include broad or specific medical decisions, as outlined in the document.
Activation: Takes effect only upon incapacity, as certified by a doctor, and ceases upon recovery or death.
Revocation: Can be revoked at any time by the principal (while competent) via written notice, verbal statement, or destruction of the document.
HIPAA Compliance: NC law ensures agents have access to medical records under HIPAA to make informed decisions.
Form Requirements: NC provides a statutory HCPOA form, though custom forms are valid if they meet legal standards.
A Health Care Power of Attorney is a vital tool for North Carolina residents to ensure their medical wishes are respected. Contact our firm to create an HCPOA tailored to your needs.
