Like the Right to a Natural Death Act, the Health Care Power of Attorney statute states that health care providers may rely on signed and acknowledged” health care “a power of attorney [NCGS § 32A-24(a)], and the statutory health care power of attorney form requires the signature of the principal, the signatures of two witnesses who meet the same requirements as those specified for the living will, and the notarization of the signatures of the principal and the witnesses. Page 5 of the Directive for the State of North Carolina: A Practical Form for All Adults” ”Advance includes all of these execution requirements. Because the Directive for the State of North Carolina: A Practical Form for All ”Advance Adults” includes all of these essential elements of a health care power of attorney, we believe that it meets the North Carolina statutory requirements for health care powers of attorney. The Directive for the State of North Carolina: A Practical Form for All Adults” ”Advance combines the health care power of attorney and the living will into a single document. Both the Right to a Natural Death Act and the Health Care Power of Attorney statute state explicitly that these two types of advance directive may be combined or incorporated in a single document [at NCGS § 90-321(j) and § 32A-26]. (The Directive for the State of North Carolina: A ”Advance Practical Form for All Adults” allows a person to complete a living will only, a health care power of attorney only, or both advance directives.)
Like the Right to a Natural Death Act, the Health Care Power of Attorney statute states that health care providers may rely on “a signed and acknowledged” health care power of attorney [NCGS § 32A-24(a)], and the statutory health care power of attorney form requires the signature of the principal, the signatures of two witnesses who meet the same requirements as those specified for the living will, and the notarization of the signatures of the principal and the witnesses. Page 5 of the ”Advance Directive for the State of North Carolina: A Practical Form for All Adults” includes all of these execution requirements. Because the ”Advance Directive for the State of North Carolina: A Practical Form for All Adults” includes all of these essential elements of a health care power of attorney, we believe that it meets the North Carolina statutory requirements for health care powers of attorney. The ”Advance Directive for the State of North Carolina: A Practical Form for All Adults” combines the health care power of attorney and the living will into a single document. Both the Right to a Natural Death Act and the Health Care Power of Attorney statute state explicitly that these two types of advance directive may be combined or incorporated in a single document [at NCGS § 90-321(j) and § 32A-26]. (The ”Advance Directive for the State of North Carolina: A Practical Form for All Adults” allows a person to complete a living will only, a health care power of attorney only, or both advance directives.)
Statutory-Requirements-Explanation-12-4-12.docx