Jul292025
Probate Q&A Series

What steps are required to create a valid living will in North Carolina?

Detailed Answer

A living will in North Carolina is called a Declaration of a Desire for a Natural Death. It lets you state your wishes about life-sustaining treatment if you become terminally ill or permanently unconscious. The key steps follow North Carolina General Statutes Chapter 90, Article 13B.

1. Draft the Declaration

Your document must meet the requirements of N.C. Gen. Stat. § 90-322. It should:

  • Be in writing and signed by you.
  • Include a clear statement that you want only comfort care or pain relief if you are terminally ill or permanently unconscious.
  • Be dated at the time of signing.

2. Obtain Proper Witnesses

North Carolina law requires two adult witnesses. They must:

  • Be at least 18 years old.
  • Watch you sign the declaration or acknowledge your signature.
  • Not be your spouse, blood relative, heir, or entitled to any part of your estate.

3. No Notarization Required

You do not need a notary public to make your living will valid. Witness signatures suffice under N.C. Gen. Stat. § 90-324.

4. Distribute and Review

Keep the original declaration in a safe place. Provide copies to:

  • Your physician or health care provider.
  • Your health care power of attorney agent, if you have one.
  • Close family members or friends who may act on your behalf.

Review your living will every few years or after a major health change. Update it if your wishes change.

Key Points to Remember

  • Your declaration takes effect only if you can no longer make health decisions.
  • You may appoint a health care agent through a separate Health Care Power of Attorney (see N.C. Gen. Stat. § 90-322.1).
  • You can revoke or change your living will at any time by signing a written statement or orally telling your provider in front of witnesses.
  • Healthcare providers and facilities must honor a valid living will under N.C. Gen. Stat. § 90-323.
  • Discuss your wishes with loved ones to ensure they understand your instructions.

Take Action Today

Creating a living will ensures your treatment aligns with your values. Pierce Law Group has attorneys with years of probate and estate planning experience ready to help you draft or update your declaration. Contact us by email at intake@piercelaw.com or call (919) 341-7055 to schedule a consultation.

Category: Probate Q&A Series

Author: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.