Understanding a Healthcare Power of Attorney (POA) is an essential part of planning for your future healthcare needs. In North Carolina, this legal document allows you to choose a person to make medical decisions on your behalf if you become unable to make those healthcare decisions yourself. In this blog, we’ll break down the concept in simple terms so you can decide if it’s the right choice for you. Keep reading for our Healthcare Power of Attorney: NC Essential Guide!

A Healthcare POA helps to ensure that your medical wishes are honored, even when you can’t speak for yourself. It’s a significant legal decision that requires clear thinking and a good understanding of your wishes. You’ll also need to know the person well whom you’re entrusting with this responsibility.

What is a Healthcare Power of Attorney in NC?

A Healthcare Power of Attorney is a legal instrument under North Carolina law that allows you to appoint someone you trust to make healthcare decisions for you when you cannot do so. Specifically, this person becomes your healthcare decision-making representative when you’re incapacitated due to illness or injury.

The designated individual, known as your “agent,” can make many decisions. These can include consenting to medical treatment, accessing medical records, using health care directives, and making end-of-life decisions, among other medical-related actions.

Under North Carolina’s General Statutes, Chapter 32A, Articles 1 and 3 detail the powers and responsibilities related to Healthcare Powers of Attorney.

Legal Requirements

To make a valid Healthcare Power of Attorney in North Carolina, certain requirements must be met:

1. Written Document: It must be a written document, either typed or legibly handwritten.

2. Principal: The person creating the document, known as the “principal,” must be at least 18 years old and of sound mind.

3. Notarization and Witnesses: Two qualified adults must notarize and witness the document. Certain people, such as your health care providers or attending physicians, cannot act as witnesses.

4. Specific Language: The document should specify what powers the agent has, any limitations, and when the powers take effect, usually when the principal becomes incapacitated.

5. Revocation: The principal can revoke the document at any time as long as they are mentally competent.

6. Agent’s Acceptance: The chosen healthcare agent must accept their role, typically confirmed by signing the document or a separate form.

Note: NC Law does not automatically assume that spouses or other family members will serve as your health care agent. Explicitly naming someone in a Health Care Power of Attorney is the only sure way to grant this authority.

Understanding and creating a Healthcare Power of Attorney is crucial for ensuring your health care wishes if you can’t make those decisions yourself. Consult a qualified attorney for personalized advice regarding appointing a healthcare agent.

Learn more by reading NC. Gen. Stat. §§ 32A-15 to 32A-27 (Health Care Power of Attorney)

What Specific Powers Does a Healthcare Agent Have?

The “agent” you designate through a Healthcare Power of Attorney has considerable medical power when it comes to your health care. North Carolina law outlines several types of decisions that an agent may make on your behalf.

It’s worth noting that the agent’s powers are limited to what you specify in the Healthcare Power of Attorney document. You can tailor their powers to be as broad or narrow as you prefer.

Types of Decisions

• Consenting to Medical Treatment: Your agent may give or withhold consent for various medical care, from routine check-ups to surgery.
• Access to Medical Records: Your agent may request, review, and disclose your medical records. This power enables them to make more informed decisions.
• End-of-Life Decisions: An agent may make end-of-life decisions. This may include using life-sustaining measures such as feeding tubes or ventilators.
• Choice of Healthcare Providers: Your agent may select the medical professionals and facilities for your care. They must ensure their choices align with your stated wishes or best interests.
• Mental Health Treatment: Your agent may make decisions regarding mental health treatments. This may include admission to a mental health facility.
• Disposition of Remains: Some Health Care Power of Attorney documents may extend to other decisions. These may include organ donation, autopsy, and burial or cremation after your passing.

Limitations and Boundaries

While the agent does have substantial powers, there are boundaries:

• Adherence to Principal’s Wishes: The agent must make decisions in accordance with any directions you’ve provided.
• Incapacity Requirement: The agent’s power comes into play only when you cannot make your own healthcare decisions.
• Restrictions: You can place any limitations or restrictions in the document to further define your agent’s authority.
• No Financial Decision-making: The health care agent does not have the authority to make financial decisions on your behalf. You can give the agent this authority with a durable general power of attorney.

Note: For your Healthcare Power of Attorney to be enforceable, the agent must accept their role, typically confirmed by signing the document or a separate form.

Knowing the extent of the medical power that your agent holds is crucial for making an informed decision. Consult with a qualified attorney to ensure your Healthcare Power of Attorney aligns with your healthcare wishes and complies with North Carolina law.

Reference: NC. Gen. Stat. §§ 32A-19, 32A-20, and 32A-24 (Powers and Duties of Health Care Agent)

Your Agent and Mental Health Treatment Decisions

In North Carolina, the scope of your agent’s authority over mental health treatment decisions depends on the specific powers granted in the Healthcare Power of Attorney document. You can expressly enable your agent to make mental health decisions on your behalf, but these powers must be clearly outlined in the document for them to be enforceable.

Specific Powers Over Mental Health Treatment

• Admission to Mental Health Facilities: Your agent may have the authority to admit you to a mental health facility for short-term treatment. However, they can’t admit you for long-term treatment unless you clearly stipulate this in the document.
• Administration of Medications: Your agent can consent to or refuse medication related to mental health treatment. This includes psychotropic medications often used to treat mental disorders.
• Therapeutic and Diagnostic Procedures: Your agent may approve or deny various types of mental health therapies and diagnostic procedures.

Limitations

• Express Language: Your agent’s authority over mental health decisions must be explicitly stated in the Healthcare Power of Attorney document. Absent such language, the agent cannot make these decisions.
• Adherence to Principal’s Wishes: Your agent must act in accordance with your known desires. This includes any limitations you’ve outlined in the Health Care Power of Attorney or communicated verbally.
• Consultation with Healthcare Professionals: While the agent has significant powers, they consult with healthcare providers to ensure they’re making informed decisions.

Reference: NC. Gen. Stat. § 32A-19(b) (Specific Powers)

By being explicit about what mental health decisions your healthcare agent can and cannot make, you help ensure you receive the type of care you desire.

Always consult a qualified attorney to tailor your Health Care Power of Attorney to your specific needs. They can help ensure compliance with North Carolina laws regarding healthcare agents.

An Estate Planning Attorney Can Help

At Vail Gardner Law, we understand that planning for your future health needs involves making complex decisions. That’s why our dedicated estate planning attorneys guide you through the intricate maze of North Carolina Healthcare Power of Attorney law.

From helping you appoint the right agent to tailoring the document to cover specific mental health treatment decisions, our qualified attorneys are here to ensure that you clearly articulate your healthcare wishes in a legally enforceable form.

Contact us today to take the first step in securing your healthcare future in full compliance with North Carolina statutes.