Any adult may execute a NC power of attorney for a disabled principal enabling the attorney in fact named in the power of attorney to make decisions concerning principal health care
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You have the right to make decisions about your health care. No health care may be given to you over your objection, and necessary health care may not be stopped or withheld if you object.
Because your health care providers in some cases may not have had the opportunity to establish a long-term relationship with you, they are often unfamiliar with your beliefs and values and the details of your family relationships. This poses a problem if you become physically or mentally unable to make decisions about your health care.
In order to avoid this problem, you may sign this legal document to specify the person whom you want to make health care decisions for you if you are unable to make those decisions personally.
The North Carolina General Assembly recognizes as a matter of public policy the fundamental right of an individual to control the decisions relating to his or her medical care, and that this right may be exercised on behalf of the individual by an agent chosen by the individual.
NORTH CAROLINA POWER OF ATTORNEY FOR HEALTH CARE
You may appoint as your agent any competent person who is at least 18 years old and who is not providing paid health care to you. The person you appoint is called your health care agent.
Your North Carolina Health Care Power of Attorney gives the person you designate your health care agent broad powers to make health care decisions, including mental health treatment decisions, for you.
Except to the extent that you express specific limitations or restrictions on the authority of your health care agent, this power includes the power to consent to your doctor not giving treatment or stopping treatment necessary to keep you alive, admit you to a facility, and administer certain treatments and medications. This power exists only as to those health care decisions for which you are unable to give informed consent.
You must sign your North Carolina Health Care Power of Attorney in the presence of two qualified witnesses, and it must be notarized.
This form does not impose a duty on your health care agent to exercise granted powers, but when a power is granted, your health care agent will have to use due care to act in your best interests and in accordance with this North Carolina health care power of attorney. For mental health treatment decisions, your health care agent will act according to how the health care agent believes you would act if you were making the decision.
Because the powers granted by this document are broad and sweeping, you should discuss your wishes concerning life-sustaining procedures, mental health treatment, and other health care decisions with your health care agent.
You may name co-agents and successor agents under this North Carolina Health Care Power of Attorney, but you may not name a health care provider who may be directly or indirectly involved in rendering health care to you under this power.
You may also use Power of Attorney for Health Care to authorize your attorney in fact to make an anatomical gift upon your death.
If you wish to name a guardian of your person in the event a court decides that one should be appointed, you may, but are not required to, do so by providing the name of such guardian. You may, but are not required to, nominate as your guardian the same person named in this form as your agent.
Do not sign this document unless you clearly understand it.
It is suggested that you keep the original of your ower of Attorney for Health Care on file with your physician.
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To better understand the health care and pecuniary related issues our legal articles, frequently asked questions, facts and other law related information may be of interest to you.
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