Must my living will or health care power of attorney be drafted by an attorney licensed in North Carolina?
Detailed Answer
In North Carolina, you do not need an attorney licensed in a specific county to draft your living will (advance directive) or health care power of attorney. State law treats these documents as valid so long as they meet certain formal requirements. Any attorney admitted to practice law in North Carolina may prepare or review your documents. You can also prepare them yourself, using the statutory forms provided in the General Statutes.
Living Will (Advance Directive)
A living will lets you state your wishes about life-sustaining treatment if you cannot speak for yourself. North Carolina law outlines the requirements in N.C. Gen. Stat. § 90-322. To be valid, a living will must:
- Be in writing.
- Be signed by you in the presence of two adult witnesses.
- Include a declaration that the document is to be followed as your living will.
Health Care Power of Attorney
A health care power of attorney appoints an agent to make medical decisions if you lose capacity. North Carolina’s rules appear in N.C. Gen. Stat. § 32A-3. To create a valid health care power of attorney, you must:
- Sign the document in front of two adult witnesses or have it notarized.
- Ensure witnesses are not your appointed agent or related to you by blood, marriage, or adoption.
- Include clear language naming your health care agent and granting decision-making authority.
No County Restriction
North Carolina admission to the bar is statewide. Once an attorney passes the North Carolina Bar Exam and maintains good standing, they may draft legal documents anywhere in the state. Your living will or health care power of attorney only needs to meet the form requirements under state law. You may hire any qualified attorney licensed in North Carolina regardless of their office location.
Key Takeaways
- No county-specific license is required. Any North Carolina attorney may draft your documents.
- You may use statutory forms and prepare your own living will or health care power of attorney.
- Living wills must meet witnessing requirements under N.C. Gen. Stat. § 90-322.
- Health care powers of attorney must follow witnessing or notarization rules under N.C. Gen. Stat. § 32A-3.
- Review and update your documents whenever your health care preferences change.
Next Steps
Creating or updating your advance directive and health care power of attorney gives you control over future medical decisions. At Pierce Law Group, we have years of experience guiding North Carolina residents through the process. To discuss your situation and ensure your documents comply with state law, contact our team today. You can email us at intake@piercelaw.com or call (919) 341-7055.
