HEALTH CARE POWER OF ATTORNEY INFORMATION

Health Care Power of Attorney (NCGS 32A)

32A-15 Purpose: Allowing an agent to act on your behalf concerning your medical care when you are unable to make or to communicate your choices for health care.

http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_32A/GS_32A-15.html 3-3-2005

32A-19 Scope of Authority :

http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_32A/GS_32A-19.html 3-3-2005

  1. The principal may give to the HCA the power and authority to make health care decisions to the same extent that the principal could make if the principal had the understanding and capacity to make and communicate those health care decisions.
  2. Examples:
    • routine medical decisions
    • withholding or discontinuing life-sustaining procedures
    • anatomical gifts
    • authorization for any autopsy
    • disposition of remains
  3. This document does not confer power or authority over disposition of property, either real or personal or financial affairs of the principal. A power of attorney and/or a will are necessary for this.

32A-20 Effective :

http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_32A/GS_32A-20.html 3-3-2005

  1. When the physician you have designated decides in writing that the principal lacks sufficient understanding or capacity to make or communicate decisions relating to the health care of the principal (i.e., coma, severe dementia, persistent vegetative state or terminally ill).
  2. If the principal's designated physician is unavailable, then the principal attending physician shall make this determination.

32A-16 Definitions:

http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_32A/GS_32A-16.html 3-3-2005

Health care means any care, treatment, service or procedure to maintain, diagnose, treat or provide for the principal's physical or mental health or personal care and comfort including life-sustaining procedures.

  1. Health Care Agent means the person appointed as a health care attorney-in-fact.
  2. Health Care Power of Attorney means a written instrument, signed in the presence of two qualified witnesses, and acknowledged before a notary public, pursuant to which an attorney-in-fact or agent is appointed to act for the principal in matters relating to the health care of the principal, and which substantially meets the requirements of this Article.
  3. Life-sustaining procedures are those forms of care or treatment which only serve to artificially prolong the dying process and may include mechanical ventilation, dialysis, antibiotics, artificial nutrition and hydration, and other forms of treatment which sustain, restore or supplant vital bodily functions, but do not include care necessary to provide comfort or alleviate pain.
  4. Principal means the person making the Health Care Power of Attorney.
  5. Qualified witness:
    1. is not related within the third degree to the principal nor to the principal's spouse
    2. does not know nor have a reasonable expectation that he would be entitled to any portion of the estate of the principal upon the principal's death under any existing will or codicil of the principal or under the Intestate Succession Act as it then provides,
    3. is not the attending physician of the principal, nor an employee or the attending physician, nor an employee of a health facility in which the principal is a patient, nor an employee of a nursing home or any group-care home in which the principal resides, and
    4. does not have a claim against any portion of the estate of the principal at the time of the principal's execution of the Health Care Power of Attorney.

32A-25 Statutory form Health Care Power of Attorney

http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_32A/GS_32A-25.html 3-3-2005

This document gives the person you designate your health care agent broad powers to make health care decisions for you, including the power to consent to your doctor not giving treatment or stopping treatment necessary to keep you alive. This power exists only as to those health care decisions for which you are unable to give informed consent.

This form does not impose a duty on your health care agent to exercise granted powers, but when a power is exercised, your health care agent will have to use due care to act in your best interests and in accordance with this document. Because the powers granted by this document are broad and sweeping, you should discuss your wishes concerning life-sustaining procedures with your health care agent.

Use of this form in the creation of a Health Care Power of Attorney is lawful and is authorized pursuant to North Carolina law. However, use of this form is an optional and nonexclusive method for creating a Health Care Power of Attorney and North Carolina law does not bar the use of any other or different form of power of attorney for health care that meets the statutory requirements.

Requirements:

The following criteria must be met to have a legal binding Health Care Power of Attorney:

Storage:

A copy of your Health Care Power of Attorney should be given to your doctor, your family members, your attorney, etc. It is strongly suggested that the original copy be kept where it can be easily retrieved. For that reason, it is not suggested that you keep the original in a safe deposit box.

It is suggested that a card or some type of notation be kept in your wallet as to the existence of this document and where it can be found. It is strongly encouraged that you discuss your decision with your family and your attending physician to make sure your wishes are known and understood before the need arises.

Please see University Student Legal Services for the necessary documents to deal with disposition of property or for a Health Care Power of Attorney.

This is general information about Health Care Power of Attorneys and is not intended to be a substitute for legal advice as it relates to your particular situation. Consult with our office to discuss how your particular facts relate to the law.