HEALTHCARE POWER OF ATTORNEY

A Healthcare Power of Attorney (HCPA) in North Carolina is a legal document that allows an individual (the “principal”) to appoint someone else (the “agent” or “attorney-in-fact”) to make healthcare decisions on their behalf in the event that they become unable to make those decisions for themselves. This typically occurs when a person is incapacitated, unconscious, or otherwise unable to communicate their healthcare wishes.

In North Carolina, the Healthcare Power of Attorney is governed by N.C.G.S. § 32A-25 and provides a way for individuals to ensure that their medical care aligns with their preferences, even if they are unable to communicate those preferences at the time.

Key Elements of a Healthcare Power of Attorney in NC:

1. Designation of an Agent:

The principal designates a trusted person (agent) to make healthcare decisions on their behalf. The agent should be someone the principal trusts to act in their best interest, particularly regarding medical treatment and care.

• Example: A spouse, adult child, or close friend may be chosen to serve as the agent.

2. Scope of Authority:

The agent has the authority to make healthcare decisions for the principal, including decisions related to medical treatments, surgeries, and other healthcare interventions. This includes both routine healthcare decisions and critical care decisions in life-threatening situations.

• The agent can make decisions on:
  • Medical treatment and procedures
  • Organ donation
  • Selection of healthcare providers
  • End-of-life care, such as decisions about life-sustaining treatments (e.g., ventilators or feeding tubes)

3. End-of-Life Decisions:

The Healthcare Power of Attorney may specify the principal’s preferences regarding life-sustaining treatments and end-of-life care. If the principal is in a terminal condition or permanently unconscious, the agent may be authorized to make decisions about whether to continue or withdraw life-sustaining measures.

4. Durable Power of Attorney:

In North Carolina, a Healthcare Power of Attorney is typically “durable,” meaning it remains in effect even if the principal becomes incapacitated. This is important, as the primary purpose of the document is to ensure that someone can make decisions on the principal’s behalf when they can no longer do so.

5. Revocation:

The principal has the right to revoke or change the Healthcare Power of Attorney at any time, as long as they are still capable of making decisions. This can be done by providing a written revocation to the agent, healthcare providers, and others involved in the principal’s care.

6. Effectiveness:

The Healthcare Power of Attorney only becomes effective when the principal is determined to be unable to make healthcare decisions for themselves. The determination is typically made by a physician or other qualified medical professional who assesses the principal’s capacity.

Difference Between a Healthcare Power of Attorney and a Living Will:

While both documents deal with healthcare decisions, they serve different purposes:

• Healthcare Power of Attorney: Appoints someone to make healthcare decisions on your behalf when you cannot.
• Living Will: States your specific wishes regarding end-of-life care and life-sustaining treatments (such as if you would want to be kept on life support). A living will can complement a healthcare power of attorney by guiding the agent in making decisions that align with the principal’s wishes.

Creating a Healthcare Power of Attorney in NC:

To create a Healthcare Power of Attorney in North Carolina, the principal must:

1. Be at least 18 years old and mentally competent.
2. Sign the document in the presence of two witnesses who are not related to the principal or named in the document as an agent or alternate agent.
3. The document may also be notarized, though notarization is not required for it to be legally valid.

Who Can Be an Agent?

In North Carolina, the following people are not eligible to act as an agent under a Healthcare Power of Attorney:

• Healthcare providers or employees of the principal’s healthcare providers, unless they are close family members (like a spouse or adult child).
• Individuals who stand to benefit from the principal’s death (such as beneficiaries in the will).

Why Have a Healthcare Power of Attorney?

A Healthcare Power of Attorney provides several important benefits:

• It ensures that someone you trust is making decisions in line with your values and preferences if you are unable to do so.
• It can reduce confusion and stress for family members, who may otherwise be left to make difficult medical decisions without guidance.
• It can help avoid conflicts or legal challenges by clearly stating your healthcare wishes in advance.

If you’re considering creating a Healthcare Power of Attorney in North Carolina, it’s important to consult with an attorney or healthcare professional to ensure that your document is properly executed and reflects your specific wishes.