A North Carolina (NC) healthcare power of attorney lets you bestow someone (called an agent or attorney-in-fact) with the power to make healthcare decisions for you if you are unable to do so. This document may also be called a Durable Medical Power of Attorney (NC).
Laws: 2014 North Carolina General Statutes Chapter 32A: Powers of Attorney, Article 3: Healthcare Powers of Attorney governs medical powers of attorney in NC.
Download a North Carolina Medical Power of Attorney Form
Download: MS Word (.docx) or Adobe PDF
Make sure that you are prepared for all end-of-life medical decisions with the following forms that can make it easy to put your decisions in writing.
- Living Will: A living will records your end-of-life treatment preferences. Healthcare POAs and living are called advance directives. As the name suggests, these forms are tools that confer the right to make decisions for your medical treatment in case of unforeseen circumstances.
- North Carolina (Financial) Power of Attorney: This document gives the person you appoint the right to make financial and business decisions for you but excludes the right to make decisions about your health.
How to Fill in a Medical Power of Attorney in North Carolina
Refer to these instructions below while filling out your North Carolina Medical Power of Attorney (MPOA) to make sure it is legally valid.
Step 1: Choose an agent
You may already have someone in mind for this important role. Make sure the person you pick is willing to carry out your wishes, even if they disagree with them. Ask yourself, would a family member carry out a do not resuscitate request?
Choose an agent who respects your moral and religious beliefs. Most importantly, make sure they want the job.
What does the North Carolina law say about who you should choose?
You can choose any competent person over 18.
Who cannot act as your agent?
The only exclusion under the law pertains to a person you pay for your healthcare services (e.g., your doctor).
Relevant law: § 32A-18
Can you have more than one agent?
Yes, the North Carolina MPOA form lets you add more than one person as an agent or substitute. If all the agents and substitutes specified have died or are unwilling or unable to carry out the duties of the MPOA agreement, it is considered null and void.
Relevant law: § 32A-21
Step 2: Specify what healthcare decisions your agent can make
When deciding on what powers to give your health care agent, consider your preferences for both end-of-life medical care and the treatment of your body after you die. If you become incapacitated, such as becoming unconscious or mentally incompetent, the agreement goes into effect.
Unless you expressly state otherwise, your health care agent can make the following decisions on your behalf:
- withhold life support systems or discontinue the use of life support systems
- provide or withhold mental health care
- donate organs
- authorize an autopsy
- specify the disposal of your body, including cremation or burial
Relevant law: § 32A-19
Can you limit your agent’s powers?
If you wish to limit your agent’s powers, simply write in your preferences and limitations. This may include whether you wish to receive artificial nutrition, life support, or pain relief.
For example, you can simply write in, “I wish to donate my organs after I pass away.” Conversely, you could write, “I do NOT give permission for my organs to be donated when I die.”
Relevant law: § 32A-19
What is your agent legally unable to do?
North Carolina does not restrict what your healthcare provider can do beyond allowing you to amend your MPOA as needed.
Relevant law: § 32A-19
When can your agent start making decisions for you?
Your agent can start making decisions once your attending physicians have determined you are not able to do so. In the case of mental health incapacitation, a qualified psychologist can make a determination regarding your ability to make your own healthcare decisions.
Relevant law: § 32A-20
Step 3: Sign the form
Do you need notary or witness signatures?
Yes, the North Carolina medical power of attorney requires:
- The signature of the principal
- The signatures of two qualified witness over age 18
- Acknowledgment by a notary public who witnesses the signatures
Relevant law: § 32A-16-3
Who cannot be a witness?
The following cannot be witnesses:
- Principal (you)
- Healthcare provider or facility employee providing care for the principal
- Related to you by blood or marriage
- Anyone mentioned as a beneficiary in your will
Relevant law: § 32A-16-6
How long is your North Carolina healthcare power of attorney effective?
There is no expiration date on the medical power of attorney form. However, you can limit the timeframe by writing it in.
Also, the North Carolina medical power of attorney is no longer in effect once you recover enough to make your own healthcare decisions.
Relevant law: § 32A-20
How to Revoke a Medical Power of Attorney in NC
The order will remain in effect until you die or under the following circumstances:
- You can revoke the medical power of attorney (MPOA) at any time if you are capable of communicating that wish.
- You can make a new MPOA, stating that the old one is revoked
- You can also communicate to your physician or healthcare provider that you wish to revoke the MPOA.
Relevant law: § 32A-20
