Short Answer

Yes. In North Carolina, a living will (an advance directive for a natural death) lets you state in advance whether you want life-prolonging measures if you are terminal, in a persistent vegetative state, or in an end-stage condition. It works by telling your doctors, family, and health care agent what to do, and it applies when physicians determine the medical triggers are met. You sign it with two disinterested witnesses and a notary and share it with your care team.

Understanding the Problem

You want to know if you can use a North Carolina living will to control end-of-life care and how it operates. Here, a married couple with adult children has no health care directives or powers of attorney. The key decision is: can you set binding instructions now about life-prolonging treatment that will guide doctors and family later in North Carolina?

Apply the Law

Under North Carolina law, a living will is a written directive that tells your medical providers whether to withhold or withdraw life-prolonging measures if you reach certain conditions. It is separate from a health care power of attorney (HCPOA), which names a person to make health decisions for you when you cannot. You do not file a living will with the court; you execute it with required formalities and give copies to your providers and agents. It typically becomes operative when your physician(s) determine you are terminal, in a persistent vegetative state, or in an end-stage condition and you lack capacity to decide.

Key Requirements

• Proper execution: You must sign (or direct someone to sign for you), with two disinterested adult witnesses and a notary.
• Clear instructions: State your choices about life-prolonging measures, including artificial nutrition and hydration if you wish.
• Medical triggers: Your directive applies only when physicians determine you are terminal, in a persistent vegetative state, or in an end-stage condition and cannot decide for yourself.
• Coordination with HCPOA: Your health care agent must follow your living will; if a guardian is later appointed, a court can adjust the agent’s authority for good cause.
• Revocation and access: You may revoke at any time; share copies with your doctor, hospital, and agent so it is followed.

What the Statutes Say

• N.C. Gen. Stat. § 90-321 (Advance directive for a natural death) – Allows an adult to declare wishes about life-prolonging measures; sets execution and revocation rules.
• N.C. Gen. Stat. § 90-322 (No declaration; who may decide) – Guides withholding/withdrawing life support if no living will exists.
• N.C. Gen. Stat. § 32A-17 (Health care power of attorney) – Lets you appoint a health care agent to make decisions when you cannot.
• N.C. Gen. Stat. § 32A-22 (Guardian and health care agent) – A court-appointed guardian can, for good cause, seek to modify or suspend a health care agent’s authority.

Analysis

Apply the Rule to the Facts: You currently have no directives, so doctors would look to statutory decision-makers if you lose capacity. A North Carolina living will lets you, not others, set the plan for life-prolonging measures if you become terminal, in a persistent vegetative state, or in an end-stage condition. Pairing it with a health care power of attorney ensures someone you choose carries out those instructions. Note that a living will controls medical care only; it does not move assets, avoid probate, or affect inherited property.

Process & Timing

1. Who files: No court filing. Where: Execute privately in North Carolina. What: Complete a North Carolina “Advance Directive for a Natural Death” (living will) and a “Health Care Power of Attorney.” When: Sign as soon as you’re ready—before any medical crisis.
2. Sign the documents with two disinterested adult witnesses and a notary. Give copies to your primary care physician, any hospital you use, and your named health care agent. Consider optional registration with the state’s advance directive registry so providers can access your documents quickly.
3. Review every few years and after major life changes. If a guardianship is ever needed, your HCPOA nomination is given priority, and any change to your agent’s powers requires court involvement.

Exceptions & Pitfalls

• Execution defects: Missing a notary or using interested witnesses can invalidate the directive. Use two disinterested witnesses and a notary.
• Conflicting documents: Resolve inconsistencies between a living will and HCPOA; your agent should follow your written instructions.
• Access issues: If providers or family cannot find your documents, they may default to statutory surrogates. Share copies and consider a registry card.
• Guardianship changes: If a court later appoints a guardian of the person, the court can limit an agent’s authority for good cause, but your prior nominations carry weight.

Talk to a Estate Planning Attorney

If you’re dealing with end-of-life planning and want clear, enforceable instructions in North Carolina, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at [919-341-7055].

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.