A living will—also known as an Advance Health Care Directive—is a document in which the declarant or principal (person making the living will) specifies what kind of medical treatment the declarant does and does not want if the declarant has a medical emergency and is unable to communicate those wishes. A living will may direct health care providers to administer, withhold, or withdraw life-sustaining treatments if the declarant is in a terminal or irreversible condition.
Laws and terminology for documents related to living wills, Advance Health Care Directives, Do Not Resuscitate orders (DNRs), and other health care documents vary from state to state. These laws are generally located in a state’s statutes—often in the probate code or estates code.
In North Carolina, a living will is legally referred to as an 'Advance Directive for a Natural Death.' It is a legal document that allows an individual, known as the declarant, to state their preferences for medical treatment in the event they are unable to communicate their decisions due to a terminal or irreversible condition. The document can direct health care providers to withhold or withdraw life-sustaining measures such as artificial nutrition and hydration. North Carolina General Statutes Chapter 90, Article 23 (Right to a Natural Death Act) governs the creation and use of living wills in the state. To be valid, a living will must be signed by the declarant in the presence of two qualified witnesses and notarized. The state also recognizes Health Care Power of Attorney as a separate document that allows an individual to appoint an agent to make health care decisions on their behalf if they become incapacitated. It's important for residents to understand and comply with the specific requirements set forth by North Carolina law to ensure their living will is legally enforceable.