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North Carolina Statutory Living Will - Advance Directive for a Natural...

North Carolina Statutory Living Will - Advance Directive for a Natural Death

Name: North Carolina Statutory Living Will - Advance Directive for a Natural Death
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.71 (257 reviews)

Category:

Power of Attorney - Healthcare - Living Wills

State:

North Carolina

Control #:

NC-P024

Format:

Instant download

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Description Living Will Advance

This Declaration form allows you to express your wishes and desires regarding whether or not your life is prolonged by artificial means in the event that you are in a terminal, incurable condition or persistent vegetative state.

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How to fill out Living Will Form Document?

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Power of Attorney and Living Will / Health Care Directive

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Advance Directive Form Sample Form popularity

Living Will Form Other Form Names

Living Directive Form Statutory Living Will Statutory Will Statutory Living Will Form Living Will Form Sample Living Directive Print Will Advance Directive Form

Living Will Form Print FAQ

A living will is a vital part of the estate plan. You can alter it as your preferences and needs change over time.But your family cannot override your living will. They cannot take away your authority to make your own treatment and care plans.

An advance directive is a set of instructions someone prepares in advance of ill health that determines his healthcare wishes. A living will is one type of advance directive that becomes effective when a person is terminally ill.

The name and contact information of your healthcare agent/proxy. Answers to specific questions about your preferences for care if you become unable to speak for yourself. Names and signatures of individuals who witness your signing your advance directive, if required.

A living will, also called a directive to physicians or advance directive, is a document that lets people state their wishes for end-of-life medical care, in case they become unable to communicate their decisions. It has no power after death.

A 2004 survey by , which provides online legal information, found that 36 percent of Americans have a living will. Even when people have filled out living wills, doctors often ignore them. Good deaths are fewer than bad deaths, says Rev. Dr.

An advance directive, alone, may not be sufficient to stop all forms of life-saving treatment. You may also need specific do not resuscitate, or DNR orders.You retain the right to override the decisions or your representative, change the terms of your living will or POA, or completely revoke an advance directive.

No, in North Carolina, you do not need to notarize your will to make it legal.A self-proving will speeds up probate because the court can accept the will without contacting the witnesses who signed it.

The living will. Durable power of attorney for health care/Medical power of attorney. POLST (Physician Orders for Life-Sustaining Treatment) Do not resuscitate (DNR) orders. Organ and tissue donation.

Advance directives generally fall into three categories: living will, power of attorney, and health care proxy.

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Statutory Living Will - Advance Directive for a Natural Death

STATUTORY REFERENCE ALL REFERENCES ARE TO THE NORTH CAROLINA GENERAL STATUTES DECLARATION OF A DESIRE FOR A NATURAL DEATH (§§ 90-320 through 90-323) Definitions A "declarant" is a person who has signed a declaration in accordance with the provisions of §§ 90-320 through 90-323. "Extraordinary means" is any medical procedure or intervention which in the judgment of the attending physician would serve only to postpone artificially the moment of death by sustaining, restoring, or supplanting a vital function. A "physician" is any person licensed to practice medicine pursuant to North Carolina law. A "persistent vegetative state" is a medical condition whereby, in the judgment of the attending physician, the patient suffers from a sustained complete loss of self aware cognition and, without the use of extraordinary means or artificial nutrition or hydration, will succumb to death within a short period of time. Effectiveness of Declaration If a person has declared a desire that his life not be prolonged by extraordinary means or by artificial nutrition or hydration, and the declaration has not been revoked, and it is determined by the attending physician that the declarant's present condition is terminal and incurable or the declarant is diagnosed as being in a persistent vegetative state, and there is confirmation of the declarant's present condition by a physician other than the attending physician, then extraordinary means or artificial nutrition or hydration may be withheld or discontinued upon the direction and under the supervision of the attending physician. The attending physician may rely upon a signed, witnessed, dated and proved declaration:

Which expresses a desire of the declarant that extraordinary means or artificial nutrition or hydration not be used to prolong his life if his condition is determined to be terminal and incurable, or if the declarant is diagnosed as being in a persistent vegetative state; and Which states that the declarant is aware that the declaration authorizes a physician to withhold or discontinue the extraordinary means or artificial nutrition or hydration; and Which has been signed by the declarant in the presence of two witnesses who believe the declarant to be of sound mind and who state that they are not related within the third degree to the declarant or to the declarant's spouse, do not know or have a reasonable expectation that they would be entitled to any portion of the estate of the declarant upon his death under any will of the declarant or codicil thereto then existing or under the Intestate Succession Act as it then provides, are not the attending physician, or an employee of the attending physician, or an employee of a health facility in which the declarant is a patient, or an employee of a nursing home or any group care home in which the declarant resides, and do not have a claim against any portion of the estate of the declarant at the time of the declaration; and which has been proved before a clerk or assistant clerk of superior court, or a notary public who certifies that the declaration has been proved.

A declaration may be proved before a clerk or assistant clerk of superior court, or a notary public upon the testimony of the two witnesses; or If the testimony of only one witness is available, then upon the testimony of such witness, and upon proof of the handwriting of the witness who is dead or whose testimony is otherwise unavailable, and upon proof of the handwriting of the declarant, unless he signed by his mark; or upon proof of such other circumstances as will satisfy the clerk or assistant clerk of the superior court, or a notary public as to the genuineness and due execution of the declaration. If the testimony of none of the witnesses is available, such declaration may be proved by the clerk or assistant clerk, or a notary public upon proof of the handwriting of the two witnesses whose testimony is unavailable, and upon compliance with the requirements set out above proper execution may be established, where the evidence required above is unavoidably lacking or inadequate, by testimony of other competent witnesses as to the requisite facts. The testimony of a witness is "unavailable" when the witness is dead, out of the State, not to be found within the State, insane or otherwise incompetent, physically unable to testify or refuses to testify. If the testimony of one or both of the witnesses is not available, the clerk or the assistant clerk, or a notary public or superior court may, upon proper proof, certify the declaration using the statutory certification provided for that purpose. Revocation A declaration may be revoked by the declarant, in any manner by which he is able to communicate his intent to revoke, without regard to his mental or physical condition. A revocation becomes effective only upon communication to the attending physician by the declarant or by an individual acting on behalf of the declarant. The statutory form may be combined with or incorporated into a health care power of attorney form, provided, however, that the resulting form shall be signed, witnessed, and proved in accordance with the statutory provisions relating to a DECLARATION OF A DESIRE FOR A NATURAL DEATH. Note: All Information and Previews are subject to the Disclaimer located on the main forms page, and also linked at the bottom of all search results.

Statutory Living Will - Advance Directive for a Natural Death

Which expresses a desire of the declarant that extraordinary means or artificial nutrition or hydration not be used to prolong his life if his condition is determined to be terminal and incurable, or if the declarant is diagnosed as being in a persistent vegetative state; and Which states that the declarant is aware that the declaration authorizes a physician to withhold or discontinue the extraordinary means or artificial nutrition or hydration; and Which has been signed by the declarant in the presence of two witnesses who believe the declarant to be of sound mind and who state that they are not related within the third degree to the declarant or to the declarant's spouse, do not know or have a reasonable expectation that they would be entitled to any portion of the estate of the declarant upon his death under any will of the declarant or codicil thereto then existing or under the Intestate Succession Act as it then provides, are not the attending physician, or an employee of the attending physician, or an employee of a health facility in which the declarant is a patient, or an employee of a nursing home or any group care home in which the declarant resides, and do not have a claim against any portion of the estate of the declarant at the time of the declaration; and which has been proved before a clerk or assistant clerk of superior court, or a notary public who certifies that the declaration has been proved.

North Carolina Statutory Living Will - Advance Directive for a Natural Death

Description Living Will Advance

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Living Will Form Other Form Names

Living Will Form Print FAQ

Who can override a living will?

What is the difference between living will and advance directive?

What should be included in an advance directive?

Is a living will valid after death?

Can a living will be ignored?

Can family override advance directive?

Does a living will need to be notarized in North Carolina?

What are the 3 types of advance directives?

How many types of advance directives are there?

Advance Directives Denver Nc Trusted and secure by over 3 million people of the world’s leading companies

North Carolina Statutory Living Will - Advance Directive for a Natural Death

Description Living Will Advance

Advance Directive Form Related forms

Viewed forms

How to fill out Living Will Form Document?

Power of Attorney and Living Will / Health Care Directive

Advance Directive Form Sample Form popularity

Living Will Form Other Form Names

Living Will Form Print FAQ

Who can override a living will?

What is the difference between living will and advance directive?

What should be included in an advance directive?

Is a living will valid after death?

Can a living will be ignored?

Can family override advance directive?

Does a living will need to be notarized in North Carolina?

What are the 3 types of advance directives?

How many types of advance directives are there?

North Carolina Statutory Living Will - Advance Directive for a Natural Death Related Searches

Advance Directives Denver Nc Trusted and secure by over 3 million people of the world’s leading companies