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If you want to use any of the N.C. Secretary of State forms, you must complete the form, sign it and have your signature witnessed by two qualified witnesses and a notary public.
The guidelines and restrictions for Living Wills vary in each state; however, in North Carolina, your document needs the signatures of two witnesses and a notary public.
N.C.G.S. Chapter 90-21.13 lists the order in which medical professionals determine who to ask for permission. If there is no health care power of attorney in place, the next individual medical professionals will turn to is the spouse.
To make a health care power of attorney legally binding, you must (1) sign and date the document (2) in the presence of two witnesses. The document must also be certified by a notary public. There are certain statutory limitations on who can serve as a health care agent and witness.
Whether or not your home state calls for an official notarization by a notary public, every state in the U.S. requires your advance directive to be signed by witnesses. Some states require both witnesses and notary publics to sign advance directives.
Definition of an Advance Directive A written instruction, such as a living will or durable power of attorney for health care, recognized under state law (whether statutory or as recognized by the courts of the State), relating to the provision of health care when the individual is incapacitated.
To make this advance directive legally effective, all three sections of Part C of the document must be completed. 1. Wait until two witnesses and a notary public are present, then sign and date the document.
Carolina has three ways for you to make a formal advance directive. These include: living wills; health care powers of attorney; and advance instructions for mental health treatment. Do I have to have an advance directive and what happens if I don't? Making an advance directive is your choice.