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FAQs about making a North Carolina Medical Power of Attorney
A North Carolina Medical Power of Attorney is a legal document that grants a selected individual or entity permission to make health-related decisions on your behalf, such as refusing or accepting a certain medical treatment or procedure, if you cannot do so.
The person granting permission is known as the "principal," and the people or entities obtaining authority are known as the "agents." Suited for North Carolina residents, this Power of Attorney for health care can be used in Mecklenburg County, Wake County, Guilford County, and in every other county in the state. All North Carolina Healthcare PoA forms from Rocket Lawyer can be customized for your unique scenario. As a result of this document, your representative will be able to provide proof to healthcare facilities and other parties that they can legally act in your interest when you are not able.
It is fast and easy to give or receive the authority you might need with a free North Carolina Medical Power of Attorney template from Rocket Lawyer:
This solution is, in many cases, notably less expensive than finding and hiring the average law firm. If needed, you can fill out a Medical PoA on behalf of a family member, and then have them sign it after you've drafted it. Please note that for a Power of Attorney to be legally valid, the principal must be an adult who is mentally competent at the time of signing. In the event that the principal has already been declared incompetent, a conservatorship generally will be necessary. When dealing with this situation, it's a good idea for you to speak with a lawyer.
Anyone who is over 18 should have a Medical Power of Attorney. Though it's difficult to think about, there might come a time when you aren't able to make important decisions on your own. Here are some common circumstances where PoA forms might be helpful:
Whether your North Carolina Medical Power of Attorney is being produced in response to an unexpected emergency or as part of a forward-looking plan, notarization and/or witnesses will often help to protect your agent if a third party challenges their privileges and authority.
Sometimes, in researching the subjects of estate planning and/or elder care, you may see "healthcare power of attorney", "medical power of attorney" and "healthcare proxy" used together. At the end of the day, they are one and the same. That being said, you should keep in mind that it is absolutely possible to have agency over matters that are not health-related, in which case, "proxy" usually is not the term of choice.
North Carolina Medical PoA forms are usually simple to make; however, you or your agent may still have legal questions. Finding a lawyer to give feedback on your Medical Power of Attorney might take longer than you would expect on your own. An easier approach to consider is to go through Rocket Lawyer attorney services. Rocket Lawyer members are able to request feedback from an attorney with relevant experience or get answers to additional questions. As always, you can Live Confidently® with Rocket Lawyer by your side.
The fees associated with meeting and hiring the average legal provider to generate a Medical Power of Attorney could total between $200 and $500, based on your location. When you use Rocket Lawyer, you are not just filling out a Power of Attorney template. In case you ever require support from a lawyer, your Rocket Lawyer membership offers up to 40% in savings when you hire an attorney from our On Call network.
With a membership, you will be able to make edits, download it as a Word or PDF file, and/or print it. To make your Power of Attorney truly legal, you must sign it. Your agent(s), care providers, and other impacted parties should get a copy of the fully executed document.
The requirements will vary by state; however, in North Carolina, your Power of Attorney must be acknowledged by a notary public and signed by two witnesses. Witnesses to a Healthcare PoA 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 rule, your witness(es) must be over 18 years old, and no witness should also be your agent.
See North Carolina Medical/Healthcare Power of Attorney law: Chapter 32A, Article 3