Short Answer

In North Carolina, your living will (called an “Advance Directive for a Natural Death”) should clearly state that if you are in a persistent vegetative state, you refuse life‑prolonging measures. You should also specify your choices about artificial nutrition and hydration, and authorize your doctors to withhold or withdraw treatment when the medical triggers are met. You must sign it before two qualified adult witnesses and a notary for it to be valid.

Understanding the Problem

You want to make sure a North Carolina living will stops life‑prolonging procedures if you are ever in a persistent vegetative state. The decision point is whether your document includes the specific refusals and medical triggers North Carolina law recognizes. You’re also naming your son and a friend as health‑care agents, so your living will needs to coordinate with your health care power of attorney.

Apply the Law

North Carolina’s Right to a Natural Death Act lets an adult direct doctors to withhold or withdraw life‑prolonging measures if a physician determines you are in a qualifying condition, including a persistent vegetative state. The document must be in the statutory form or substantially similar, signed by you, witnessed by two qualified adults, and notarized. You also decide whether to receive artificial nutrition and hydration. The living will guides your providers and your health‑care agent; if there is a conflict, the most recent directive generally controls.

Key Requirements

• Condition selection: State that your directions apply if you are in a persistent vegetative state (you may also include terminal or end‑stage conditions).
• Refusal of life‑prolonging measures: Say you do not want machines or treatments that only delay dying (for example, ventilators, dialysis, CPR, or similar interventions).
• Feeding and fluids: Choose whether to receive or to withhold artificial nutrition and hydration (feeding tube/IV), separate from other treatments.
• Physician determination: Authorize your attending physician (often with confirmation by another physician depending on circumstances) to decide when the condition exists.
• Execution formalities: Sign in front of two qualified adult witnesses and a notary. Witnesses should not be related beneficiaries or involved in your care.
• Coordination with agent: State that your health‑care agent must follow these instructions; keep the living will consistent with your health care power of attorney.

What the Statutes Say

• North Carolina Gen. Stat. § 90-320 (Right to a Natural Death Act; definitions) – Defines key terms and conditions, including life‑prolonging measures and qualifying states.
• North Carolina Gen. Stat. § 90-321 (Advance directive for a natural death) – Sets the form, content, and execution requirements for a living will.
• North Carolina Gen. Stat. § 90-322 (Procedure in absence of advance directive) – Explains how decisions are made if no living will exists.

Analysis

Apply the Rule to the Facts: Because you are also naming your son and a friend as health‑care agents, your living will should clearly state that in a persistent vegetative state, you refuse life‑prolonging measures and specify your feeding‑tube/IV preferences. Sign before two qualified adult witnesses and a notary, and keep your living will consistent with your health care power of attorney so your agents can follow it without confusion. If your firm requires initialing each page, do that as well.

Process & Timing

1. Who files: You (the principal). Where: Sign in the presence of two qualified adult witnesses and a notary (no court filing). What: North Carolina “Advance Directive for a Natural Death (Living Will)” form or a substantially similar document. When: Any time while you have capacity; earlier is better.
2. Provide copies to your health‑care agents, primary care physician, and local hospital; carry a wallet card or keep a digital copy accessible. You may optionally register the document with the North Carolina Advance Health Care Directive Registry so providers can verify it.
3. Review after major life events or every few years. Keep the original in a safe but reachable place. The document takes effect when physicians determine the qualifying condition exists.

Exceptions & Pitfalls

• Witness eligibility: Don’t use witnesses who are related beneficiaries, your attending physician, or certain facility staff. Use disinterested adults.
• Feeding tube oversight: If you don’t mark nutrition/hydration choices, providers may continue them. Make your selections explicit.
• Conflicts with your agent: Keep your living will and health care power of attorney consistent; your agent is expected to follow your written instructions, and the more recent instrument generally governs.
• Document access: Hospitals can’t follow a document they don’t have. Give copies to your agents and doctors and consider registry enrollment.
• Pregnancy limits: North Carolina law limits the effect of a living will during pregnancy in some situations; get advice if this could apply to you.

Talk to a Estate Planning Attorney

If you’re preparing a living will and health care power of attorney and want to ensure they work together, our firm has experienced attorneys who can help you understand your options and timelines. Call us today.

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.