Life is full of uncertainties, and while we can’t predict the future, we can certainly prepare for it. Creating a health care power of attorney (“HCPOA”) is one of the most important preparations you can do to protect your well-being.  A health care power of attorney is a legal document that allows you to designate someone you trust to make medical decisions on your behalf if you become incapacitated and are unable to communicate your wishes.

A health care power of attorney also allows you to express your preferences regarding medical treatment, medications, and end-of-life care. You may also specify in this document your preferences for organ donation and if you wish for your remains to be cremated or buried.

Another equally important document allows you to go ahead and make the tough decision to withhold or withdraw medical treatment in certain medical scenarios where your doctor believes you are not likely to recover. A declaration of a desire for a natural death (also known as a “living will”) is a document that provides that you do not want to have your life prolonged by extraordinary measures if you have a terminal or incurable illness, or if you are in a vegetative state. Many elderly people have shared that they believe death is a natural part of life, and when their time comes, they do not wish for their family members to put in the difficult position to withhold or withdraw their medical treatment. In short, they want to be “let go” with respect and dignity. In North Carolina, you can combine a health care power of attorney and a living will into one document, which is the format we use at Rivers Law.

Why is it Important?

Having a health care power of attorney is crucial for several reasons:

Ensures Your Voice is Heard: If you are incapacitated due to illness or injury, your health care agent can consult with your attending physician and advocate for your medical preferences and treatment decisions based on your known wishes.

Avoids Family Disputes: Designating a health care agent clarifies who will make decisions on your behalf, reducing the potential for family conflict during stressful times.

Complements Living Will: A health care power of attorney works alongside a living will to provide comprehensive guidance to medical providers about your treatment preferences. You will have the option to grant your health care agent the authority to override the living will. Or, you may require that the instructions contained in your living be followed.  At Rivers Law, we find that it is best to combine these two documents into one to avoid any confusion as to which direction trumps.

How to Create a Health Care Power of Attorney in North Carolina

To create a valid health care power of attorney in North Carolina:

1. Choose Your Agent: Select a trustworthy individual who understands your values and medical preferences to act as your health care agent. If you have a family member who works in the medical industry, such as a nurse or a doctor, you may find it makes sense to appoint him or her to serve as your health care agent.  Generally, you would also want to nominate one or more back-ups in case your first choice is unable to serve.

2. Discuss Your Wishes: Have a detailed conversation with your health care agent about your medical wishes, including end-of-life care preferences. Having these conversations may be hard, but you may also find it thought provoking.

3. Complete the Document: Obtain a health care power of attorney form from an estate planning attorney or from the North Carolina Secretary of State’s website located HERE. Complete the form and initial next to your selection.

4. Witness and Notarization: The document must be signed in front of two qualified witnesses (who are not related to you or a potential beneficiary of your estate and do not work for the hospital) and acknowledged before a notary public.

5. Optional Registry: You may wish to register your health care power of attorney with the North Carolina Secretary of State’s Office for $10. You will receive two registry cards back in the mail with a QR code which encrypts your log in information to the registry.  This card will facilitate immediate access to your health care power of attorney by anyone using a smart phone.

6. Distribution: Provide copies of the signed document to your health care agent, family members, primary care physician, and anyone else involved in your health care. Alternatively, if you registered your health care power of attorney, you may instead furnish your registry card containing your personalized QR code.

Review and Update Regularly

It’s essential to review and update your health care power of attorney periodically, especially after significant life events such as marriage, divorce, moving or changes in health status. You may also wish to confirm that your designated agent remains willing and able to fulfill their role when needed.

Consult an Estate Planning Attorney

Creating a health care power of attorney involves important legal considerations and requirements. Consulting with an experienced estate planning attorney in North Carolina can provide valuable guidance and ensure that your health care wishes are documented accurately and legally binding.

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By taking proactive steps to create a health care power of attorney, you can have peace of mind knowing that your medical decisions will be made according to your wishes, even if you are unable to communicate them yourself. Contact Rivers Law today to learn more about health care powers of attorneys, living wills, and other essential planning tools tailored to your needs.

Written By Laura C. Rivers, J.D., LL.M.