32A-15. General purpose of this Article. (a) The 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. (b) The […]
32A-16. Definitions. The following definitions apply in this Article: (1) Disposition of remains. – The decision to bury or cremate human remains, as human remains are defined in G.S. 90-210.121, and, subject to G.S. 32A-19(b), arrangements relating to burial or cremation. (1a) Health care. – Any care, treatment, service, or procedure to maintain, diagnose, treat, […]
32A-16.1. Health care powers of attorney executed during state of emergency. (a) The requirement of G.S. 32A-16(3) that a health care power of attorney be executed in the presence of two qualified witnesses shall be waived for all instruments executed on or after the effective date of this section and prior to termination of the […]
32A-17. Who may make a health care power of attorney. Any person having understanding and capacity to make and communicate health care decisions, who is 18 years of age or older, may make a health care power of attorney. (1991, c. 639, s. 1.)
32A-18. Who may act as a health care attorney-in-fact. Any competent person who is not engaged in providing health care to the principal for remuneration, and who is 18 years of age or older, may act as a health care agent. (1991, c. 639, s. 1.)
32A-19. Extent of authority; limitations of authority. (a) A principal, pursuant to a health care power of attorney, may grant to the health care agent full power and authority to make health care decisions to the same extent that the principal could make those decisions for himself or herself if he or she had capacity […]
32A-20. Effectiveness and duration; revocation. (a) A health care power of attorney shall become effective when and if the physician or physicians or, in the case of mental health treatment, physician or eligible psychologist as defined in G.S. 122C-3(13d), designated by the principal determine in writing that the principal lacks sufficient understanding or capacity to […]
32A-21. Appointment, resignation, removal, and substitution. (a) A health care power of attorney may contain provisions relating to the appointment, resignation, removal and substitution of the health care agent. (b) If all health care agents named in the instrument or substituted, die or for any reason fail or refuse to act, and all methods of […]
32A-22. Relation of the health care agent to a court-appointed fiduciary and to a general attorney-in-fact. (a) If, following the execution of a health care power of attorney, a court of competent jurisdiction appoints a guardian of the person of the principal, or a general guardian with powers over the person of the principal, the […]
32A-23. Article 2, Chapter 32A, not applicable. The provisions of Article 2 of this Chapter shall not be applicable to a health care power of attorney executed pursuant to this Article. (1991, c. 639, s. 1.)
32A-24. Reliance on health care power of attorney; defense. (a) Any physician or other health care provider involved in the medical care of the principal may rely upon the authority of the health care agent contained in a signed and acknowledged health care power of attorney in the absence of actual knowledge of revocation of […]
32A-25.1. Statutory form health care power of attorney. (a) The use of the following form in the creation of a health care power of attorney is lawful and, when used, it shall meet the requirements of and be construed in accordance with the provisions of this Article: HEALTH CARE POWER OF ATTORNEY NOTE: YOU SHOULD […]
32A-26. Health care power of attorney and declaration of desire for natural death. A health care power of attorney meeting the requirements of this Article may be combined with or incorporated into a Declaration of A Desire For A Natural Death which meets the requirements of Article 23 of Chapter 90 of the General Statutes. […]
32A-27. Health care powers of attorney executed in other jurisdictions. Notwithstanding G.S. 32A-16(3), a health care power of attorney or similar document executed in a jurisdiction other than North Carolina shall be valid as a health care power of attorney in this State if it appears to have been executed in accordance with the applicable […]
