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North Carolina Advance Directive

A North Carolina Advance Directive is a legal document that outlines your wishes with regard to medical care, such as your request for or refusal of a specific medical treatment, and/or the naming of... Read more

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Making an Advance Directive in North Carolina

  • What is a North Carolina Advance Directive?

    A North Carolina Advance Directive is a legal document that outlines your wishes with regard to medical care, such as your request for or refusal of a specific medical treatment, and/or the naming of a chosen healthcare decision maker or "agent."

    The person making an Advance Directive is called the "principal," and the people or entities obtaining permission to carry out the principal's wishes are called "agents." Designed for North Carolina residents, this free Advance Directive can be used in Wake County, Guilford County, Mecklenburg County, and in every other part of the state. Each North Carolina Advance Directive from Rocket Lawyer can be edited to address your particular situation. As a result of this essential document, your healthcare providers will have a point of reference for your preferences, and your agent(s) will be able to provide proof that they have been given the authority to make choices for you.

  • How do I write an Advance Directive in North Carolina?

    It's simple and easy to record your medical preferences using a free North Carolina Advance Directive template from Rocket Lawyer:

    1. Make your Advance Directive - Provide a few simple details, and we will do the rest
    2. Send or share - Go over your wishes with your healthcare agent(s) or ask a legal question
    3. Sign and make it legal - Mandatory or not, witnesses and notarization are a best practice

    This method is, in many cases, much more affordable and convenient than meeting and hiring your average law firm. If necessary, you may fill out this Advance Directive on behalf of your spouse, an elderly parent, or another relative, and then help that person sign when ready. Please note that for an Advance Directive to be valid, the principal must be an adult who is mentally competent at the time of signing. If the principal is already unable to make their own decisions, a conservatorship might be necessary. When managing such a scenario, it is important to speak to an attorney.

  • Do I need to have an Advance Directive?

    Everyone over 18 years old ought to have an Advance Healthcare Directive (both a Living Will and a Healthcare Power of Attorney). While it is painful to think about, a time could come when you cannot make healthcare decisions on your own. Here are some common circumstances where you might find it helpful to make or update your Advance Directive:

    • You are planning to move into a community care facility
    • You are currently managing a terminal condition
    • You are getting older or dealing with ongoing health issues
    • You are facing the possibility of surgery or hospitalization

    Whether your North Carolina Advance Directive has been made in response to a recent change in your health or as part of a long-term plan, notarization and witnesses can help to protect your document if a third party questions its legitimacy. Please note that an Advance Directive is considered invalid during pregnancy in North Carolina.

  • Do I need to hire an attorney to review my Advance Directive in North Carolina?

    Making an Advance Directive is normally straightforward, but you or your agent(s) could still need advice. Getting another pair of eyes on the document could take a lot of time if you attempt to do it on your own. Another approach would be via the Rocket Lawyer On Call® network of attorneys. Premium members have the ability to ask for advice from an experienced lawyer or ask other questions. As always, you can live confidently with Rocket Lawyer by your side.

  • How much might it typically cost for an attorney to help me make an Advance Directive in North Carolina?

    The fees associated with finding and working with a law firm to make an Advance Directive could range between two hundred and one thousand dollars, depending on where you are located. Rocket Lawyer can offer much more protection than most other Advance Directive template websites that you might encounter. As a Rocket Lawyer member, you can get up to 40% in savings when hiring an On Call attorney.

  • Am I required to do anything else after making a North Carolina Advance Directive?

    With a Rocket Lawyer membership, you will be able to make edits, save it as a PDF document or Word file, or print it out. In order to complete your Advance Directive, it should be signed. Your agent(s), care providers, and other impacted parties should get a copy of your final document.

  • Does an Advance Directive need to be notarized or witnessed in North Carolina?

    The laws for Advance Directives will vary in each state; however, in North Carolina, your Advance Directive needs notarization and the signatures of two witnesses. Witnesses to an Advance Directive cannot be your attending physician or mental health provider, nor can they be an employee of any healthcare facility, adult care, or nursing home where you are a patient or resident. Your spouse, relatives, heirs, and other beneficiaries are also prohibited. As a general standard, your witnesses must not be under 18 years old, and no witness should also be designated as your agent.

    Legal references for an Advance Directive in North Carolina: § 90-321

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