Living Will - Give your NCPOA the Power to STOP Medical Trea
Give your Healthcare Agent the Power to Withhold Medical Treatment in Certain Dire Situations
What is a Living Will?
A living will, also known as an advance directive, is a legal document that specifies your preferences for medical treatment, particularly life-sustaining measures, if you become terminally ill or permanently unconscious and cannot communicate. It guides doctors and loved ones on your end-of-life care wishes
What is it Useful For?
End-of-Life Decisions: Directs whether to use or withhold treatments like ventilators, feeding tubes, or resuscitation in terminal or irreversible conditions.
Clarity for Loved Ones: Reduces family stress and disputes by clearly stating your medical preferences.
Physician Guidance: Ensures doctors follow your wishes, aligning care with your values.
Complements Health Care POA: Works alongside a Health Care Power of Attorney, which covers broader medical decisions.
Peace of Mind: Provides control over critical health care choices in dire situations.
North Carolina Laws
Governed by N.C. Gen. Stat. § 90-320 et seq.: A living will must be in writing, signed by the principal, and either notarized or witnessed by two qualified adults (not related to you or involved in your care).
Capacity: You must be at least 18 and of sound mind when signing.
Activation: Takes effect only when a physician certifies you have a terminal condition or are in a persistent vegetative state with no reasonable chance of recovery.
Scope: Typically addresses life-prolonging measures (e.g., artificial nutrition, hydration, or ventilation) but can include other preferences, like pain management.
Revocation: Can be revoked at any time, regardless of mental state, via written notice, verbal statement, or destruction of the document.
Statutory Form: NC provides an optional statutory form (Declaration of a Desire for a Natural Death), but customized documents are valid if compliant.
Portability: NC recognizes living wills from other states if they meet NC’s legal standards or the originating state’s laws.
A living will is a crucial tool for North Carolina residents to ensure their end-of-life care aligns with their wishes. Contact our firm to create a living will tailored to your needs.
