North Carolina Living Will
Form reviewed by Bahman Eslamboly, Attorney at FindLegalForms
Living Will Form for use in North Carolina.
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Use this form if:
- You are at least 18 years of age.
- You reside in North Carolina.
This is what you will receive:
- Information, Instructions and North Carolina Statutory References for the Living Will
- A lawyer-prepared North Carolina Living Will Form.
North Carolina Living Will
Product Details
| Product | North Carolina Living Will |
| Country | United States |
| Pages | 5 |
| Dimensions | Designed for Letter Size (8.5" x 11") |
| Printer compatibility | Designed to print on all ink-jet and laser printers |
| Editable | Yes (.doc, .wpd and .rtf) |
| Format |
Microsoft Word Adobe PDF Rich Text Format |
| Platform |
Windows Compatible Mac Compatible Linux Compatible |
| Availability | In Stock. Instant Download |
| Usage | Unlimited number of prints |
| Category | Living Wills |
| Product number | #19743 |
| Download time | Less than 1 minute (approx.) |
| Document Access |
Via secret online address Email with download links Email with attachment upon request |
| Refund Policy | 60 days, no-questions asked, 100% money back guarantee |
Frequently Asked Questions
Living Will FAQ
What is a Living Will?
A Living Will is a legal document that explains your wishes for your medical care in extreme and specific circumstances. Though it is called a “will,” it is only similar to a standard will in that it explains what you want to happen while you are unable to explain your own wishes. However, a Living Will can still be used while you are alive – hence the name – but will be employed only when you are mentally/physically incapable of expressing your wishes yourself.
Essentially, a Living Will is a legal document that tells your doctors and family how to handle your medical care in situations where you cannot express those wishes yourself. It is separate from a Durable Power of Attorney for Health Care in that it lays out your wishes and a Durable Power of Attorney for Health Care appoints someone to make your medical decisions on your behalf.
Why would I need a Living Will?
A Living Will is crucial to use if you have specific wishes on how you want to be treated in certain situations – for example, if you are mentally incapacitated in an accident. If you want to continue to receive life-saving treatment, you can establish this in your Living Will and ensure that this is the treatment you receive. Without a Living Will, the decision may pass to someone else,and they may make the decision you did not want to have made.
What kind of information can I put in a Living Will?
Generally, the Living Will will address life-prolonging health care you receive while you’re incapacitated. You are known as the “declarant,” which means you’re simply declaring your wishes regarding this type of medical care. You will typically need to address what you want in the cases of highly specific issues; this means you’ll likely go through a few of these issues hypothetically and write down your wishes should these scenarios ever arise. Information such as who you want to make decision for you are left to other documents and can be handled with a comprehensive Advance Health Care Directive (see next question).
What is an Advance Health Care Directive?
An Advance Health Care Directive is essentially a comprehensive plan you have for situations that would call for Living Wills, but is slightly more comprehensive than a Living Will because it will also include the naming of a proxy that can make your decisions for you. In this situation, the Living Will is then used as a guideline for your wishes (to be carried out by the person granted your Health Care Power of Attorney), but not necessarily the final word in any particular decision made about your health care.
Technically, a Living Will is a type of Advance Health Care Directive, which simply refers to any arrangements you make in advance of health care issues like those presented here.
If I have a Living Will, do I still need a Will?
Yes, because a Will addresses completely separate issues from that of a Living Will. While both documents address difficult scenarios to think about, they are completely separate scenarios as well. In the Will, you make arrangements for what will happen to your property after your passing. In the Living Will, you make arrangements for how you want your body cared for while you’re still alive – with the possibility of recovering or not.
Is a Living Will similar to a Living Trust?
Though they might sound the same, in reality the two different arrangements have little to do with each other. A Living Trust is an arrangement that you can set up in order to transfer property upon your death while a Living Will is an arrangement in which you address your medical issues while still alive.
What kind of events might necessitate reviewing my Living Will?
Though the Living Will generally won’t require many changes over the years (except the changes you personally want to make), it’s important to remember that an Advance Health Care Directive such as a Living Will might depend on a durable power of attorney for health care that you wanted to appoint to a spouse that you are no longer married to. This is why it’s important to review these documents after a divorce, as well as regularly revisit them from time to time to ensure that they match your wishes.
What’s the difference between a Living Will and Durable Power of Attorney for Health Care?
The Living Will establishes your wishes; the Durable Power of Attorney for Health Care establishes who will make the decisions on your behalf while you’re still alive, albeit incapacitated. In essence, the Living Will allows you to make your own decisions and the Durable Power of Attorney for Health Care appoints someone else to make them for you. Both can be useful to have, however, simply because you may not have thought of every possible scenario in your Living Will.
When is a Living Will enforceable?
A Living Will is enforceable only when it is legally crafted (according to the laws in your state), signed, and when the circumstances that the Living Will describes actually come to pass. Otherwise, your medical decisions will all be handled normally. Also, it is important to remember that if you appoint someone with Durable Power of Attorney for Health Care, they may be able to make the final decisions about your health care.
What are the requirements for a Living Will to be valid?
The Living Will should conform to all local and state laws and should address issues that will actually arise in the event of a medical emergency or specific condition.
When is a Living Will effective?
A Living Will’s effectiveness depends on whether or not it is valid (see question above) and whether the situations described in the Living Will actually come to pass. If not, you will simply continue to live your life the way you usually have, making your own medical decisions along the way.
Is This Form Right For You?
Use This Form If:
- Individuals who are diagnosed with a terminal illness may want to create a Living Will to ensure their healthcare wishes are respected. This document allows them to specify whether they wish to receive life-prolonging treatments or not, providing peace of mind during a difficult time.
- Situations requiring a Living Will often arise when a person is facing surgery or a medical procedure that carries significant risks. By preparing this document in advance, they can communicate their preferences regarding medical interventions should they become incapacitated during the procedure.
- For those who are aging or experiencing declining health, establishing a Living Will can be an essential step in planning for future healthcare needs. This proactive measure allows them to outline their wishes regarding end-of-life care, ensuring that their desires are honored even if they cannot express them later.
- Families dealing with a loved one’s serious health condition may find it necessary to discuss and create a Living Will. This form can alleviate confusion and conflict among family members by clearly stating the individual's wishes regarding medical treatment and life support.
- Healthcare providers often require a Living Will to guide their decisions when treating patients who are unable to communicate their preferences. This document serves as a legal directive that helps medical professionals understand the patient's wishes regarding life-sustaining treatments.
Do Not Use If:
- – This form is not appropriate for individuals who are not yet 18 years old, as minors cannot legally create a Living Will in North Carolina. In such cases, parents or guardians may need to make healthcare decisions on their behalf.
- – If someone is currently in a state of mental incapacity or is unable to understand the implications of a Living Will, they should not attempt to create this document. It is crucial that the individual has the legal capacity to make informed decisions.
- – Individuals who are not residents of North Carolina should refrain from using this Living Will form, as it is specifically designed to comply with North Carolina laws and regulations regarding advance directives.
- – In situations where a person is actively receiving treatment for a reversible condition, a Living Will may not be necessary. This document is intended for those facing terminal illness or irreversible conditions where end-of-life decisions are required.
- – For those who have already executed a Living Will in another state, it may not be advisable to use this form without reviewing the legal implications. Different states have varying requirements and legal standards for Living Wills.
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Product Laws
Living Will Laws - North Carolina
State Law Reference: North Carolina General Statutes.
Living Will Form: Declaration of a Desire for a Natural Death serves as Living Will (Section 90-321).
Other Directives: An organ donation form is provided on this site as part of the state-specific Advance Health Care Directive under the Anatomical Gift Act (Sections 130A-402+ 130A- 412.3+).
Living Will Effective: Two (2) physicians must certify in writing that you are in a terminal condition and your death would occur within a short period of time without the use of life-sustaining medical care. Not valid if pregnant. (Section 90-321).
Living Will/Advance Health Care Directive Witness Requirements: Sign in the presence of two (2) adult witnesses and a notary public. A witness cannot be a person who has claim against your estate upon your death, stands to inherit from your estate, be directly financially responsible for your health care, or be an owner, operator, or employee of a health care institution in which you are a patient. Witnesses also cannot be related by blood or marriage. (Section 90-321).
Advance Health Care Directive: State-specific form is provided by legislature and is referred to as Declaration of a Desire for a Natural Death. (Section 90-321).
Durable Health Care Power of Attorney: Agent may make decisions regarding life-sustaining procedures, including those which 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. May be revoked at anytime by principal capable of making and communicating health care decisions or by death of principal or by execution of a subsequent instrument or written instrument of revocation or any other method where intent to revoke is communicated (effective upon communication). Revoked on decree of divorce if spouse is agent, except if alternate has been appointed. If all health care attorneys-in-fact are unwilling or unable to act, the health care power of attorney will cease to be effective. No person acting on the authority of the health care agent shall be liable for actions taken pursuant to decision of health care agent. Withholding or discontinuing life-sustaining procedures shall not be considered suicide or cause of death for criminal or civil purpose. State-specific form is part of Advance Health Care Directive. (Sections 32A-15+). Follow signature, witness, and notary requirements as noted on form.
Durable Financial Power of Attorney: State-specific form is provided by legislature and is available on the site. (Sections 32A-1+). Follow signature, witness, and notary requirements as noted on form.
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