Living Will Form - North Carolina

Living Will Form - North Carolina

A North Carolina Living Will - sometimes confused with an Advance Directive - is a crucial part of a patient's medical records, which all too often do not indicate the appropriate palliative care measures the patient desires. Most people do not have adequate paperwork when illness strikes. In the absence of a legal will, all decisions about medical care become the responsibility of the spouse, the children, and other family members - or even a third party. These people may not be aware of the patient's wishes, or they may not choose to follow the patient's unwritten verbal directives.

Download a ready-made form by clicking the link below or make your own Living Will with our customizable template .

In most states, a person can extend their will to cover dangerous situations, like severe injuries or situations when the doctors expect the patient to remain unconscious for the rest of their life even if terminal illness or a life-threatening injury is not currently present.

North Carolina's Article 23 on the rights to natural death states that a Living Will must be certified by two (2) witnesses and a notary public. The document is not valid if the patient is pregnant.

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What Is a North Carolina Living Will?

A Living Will is a legal form that lets all participating parties know about the kind of medical care and palliative care a patient wishes to receive. When creating a will, the individual will be deciding on the types of care that they are willing to receive and the types of medical care they will not be receiving. For example, some people choose to not be resuscitated if they stop breathing while in a coma, while others choose to remain on life support.

An individual can print out a basic Living Will template with or without the assistance of an attorney. The document may be revoked in writing or orally, by either the patient (the person making the will) or by a designated proxy (the person elected to make healthcare-related decisions for the patient).

How to Make a Living Will in North Carolina?

A basic Living Will can be completed without a lawyer or an attorney. Generally, the forms should include the following sections:

  1. A designation of health care proxy - a third party tasked with making any and all healthcare-related decisions on the patient's behalf.
  2. General provisions - the general wishes concerning healthcare, custody and medical treatment.
  3. Life-sustaining medical treatment - provisions regarding life-support, tube feeding, surgeries, antibiotics or medication.
  4. Comfort and pain relief - the patient may choose any treatment even if it results in hastening the death or a temporary addiction.
  5. The agent's obligations - the agent must take the patient's personal values to the extent known to them into consideration.
  6. End of life decisions - including the provisions regarding the withholding or withdrawal of treatment.
  7. The patient's statement and signature - the patient must certify that they are fully aware and completely understand the contents of the document.

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