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Living Will A Guide for North Carolinians – Planning Your Estate Making Clear, Consistent Choices Signing and Witnessing of the Will What Happens if You Don't Have a Living Will Effect of Your Living Will in Other States
What is a living will? A living will is a declaration
that you desire a natural death. You do not want extraordinary medical treatment
or artificial nutrition or hydration used to keep you alive if there is no
reasonable hope of recovery. A living will gives your doctor permission to
withhold or withdraw life support systems under certain conditions.
You have a basic right to control the decisions about
your medical care, including the decision to have extraordinary means or
artificial nutrition or hydration withheld or withdrawn if your condition is
terminal and incurable or if you are in a persistent vegetative state.
If you are competent or able to communicate,
you may tell your doctor that you do not want extraordinary means or artificial
nutrition or hydration used to keep you alive if there is no reasonable hope of
recovery.
What happens if you are not competent or able to communicate this decision?
You may decide ahead of time with a living will. If
you do not have a living will, someone else may have to decide for you.
A Living Will is a Legal Document.
Statutory
Requirements
You must follow certain requirements to make your
living will legally effective.
Required Statements
To be valid in North Carolina, your living will must
contain two specific statements.
Make Clear,
Consistent Choices You must instruct the doctor what you want done if your condition is terminal and incurable or if you are in a persistent vegetative state. You may make these choices in your living will by initialing the appropriate lines. If you make no choices, your living will is meaningless. If you make inconsistent choices, your living will is confusing and may not accomplish what you want. Read the choices carefully before initialing to make sure that your intentions are clear. An attorney can help you fill out the form correctly. If your condition is terminal and incurable, your living will may instruct your doctor to do the following:
If
you are in a persistent vegetative state, your living will may instruct your
doctor to do the following:
The
Living Will must be signed, witnessed, and certified.
Also,
a notary public or clerk or assistant clerk of superior court must certify your
living will.
A
copy of a living will, which is provided by Section 90-321, North Carolina
General Statutes, is legal in North Carolina. The law authorizing this form
became effective October 1, 1991. You should ask your attorney’s advise before
modifying the statutory form.
Living
Wills Signed Under Prior Law What
is the legal effect of a living will signed under prior law? A
Living Will signed before October 1, 1991, or signed using the old form is
legally valid. However, the old living will does not mention being in a
persistent vegetative state or the withholding or withdrawal of feeding tubes.
If you want these possibilities covered, you should sign a new living will.
How
Does A Valid Living Will Work? The
living will gives your doctor permission to withhold or discontinue life support
systems under two conditions. Under the first condition, you must be both
terminally and incurably ill. Under the second condition, you must be diagnosed
as being in a persistent vegetative state. If two doctors diagnose one of these
conditions, your doctor may withhold or discontinue extraordinary medical
treatment or artificial nutrition or hydration as directed by your living will.
Artificial
nutrition or hydration describes the use of feeding tubes or other invasive means to give
someone food or water.
Extraordinary
means or medical treatment
includes any medical procedure that artificially postpones the moment of
death by supporting or replacing a vital bodily function. You
are considered to be in a persistent vegetative state if you have had a
complete loss of self-aware cognition (you are a vegetable), and you will die
soon without the use of extraordinary medical treatment or artificial nutrition
or hydration.
How
Do You Revoke Your Living Will? You
may revoke your living will by communicating this desire to your doctor. You may
use any means available to communicate your intent to revoke. Your mental or
physical condition is not considered, so you do not need to be of sound mind.
Someone acting on your behalf may also tell your doctor that you want to revoke
your living will. Revocation is effective after your doctor has been notified. Destroying
the original and all copies of your living will may revoke your living will as a
practical matter. However, if you have discussed this issue with your doctor, be
sure to tell your doctor that you have revoked your living will. If
you sign a new living will, be sure to revoke all prior living wills that may be
inconsistent with your new living will.
Where
Should You Store Your Living Will? Keep
the original in a place where you or your family members may find it easily.
Some lawyers suggest that you sign several copies and have each one witnessed
and certified. Then, you may give an original to each of the appropriate people.
However, if you change your mind and revoke your living will, make sure you
destroy all the original copies. (Note: North Carolina law allows you to sign
more than one original living will because signing a new living will does not
revoke a previously signed living will.) If
you have named a health care agent, give him or her a copy of your living will.
You may appoint a health care agent with a health care power of attorney or with
a general durable power of attorney. Ask your lawyer for details. For more
information about health care agents see, Health Care Power of Attorney,
FCS-387. Give
a copy of your living will to your doctor and any medical facility where you
have regular appointments or receive regular care. Give a copy of your living
will to your family so they understand your wishes. Also, carry a wallet card
stating that you have a living will, where the original one is located, and who
to contact to get the original. If
you put the original of your living will in a safe deposit box, make sure
someone knows where it is and has access to it. Otherwise, your living will may
be found too late.
What
Happens If You Do Not Have A Living Will? If
you do not have a living will and you are unable to make your medical decisions,
someone else must decide for you. If two doctors diagnose that you are
terminally ill and incurably ill or in a persistent vegetative state,
extraordinary means or artificial nutrition or hydration may be withheld or
stopped with the permission of:
If
you do not have a living will, your family is burdened with the decision. Your
family may not be able to agree on what action to take. The lack of decision by
your family may lengthen your suffering and increase your medical bills. A
living will removes the decision from your family’s shoulders and makes the
decision yours.
What
is the Effect of Your Living Will if You Move Out of North Carolina? Different
states have different laws on living wills, so your North Carolina living will
may not be valid in another state. If you move to another state, check with an
attorney there to see if you need to sign a new living will. If
you spend a lot of time in other states, you may want to sign a living will for
each state. Before signing a living will from another state, ask an attorney if
there is any reason why you should sign a living will from that state. For
example, you may not want to sign another state’s living will if it revokes
all previously signed living wills. North Carolina Living Will Form NOTE: Information in this section was obtained from the North Carolina State University Cooperative Extension. |
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