North Carolina Living Will - General Statutes - Procedures for natural death in the absence of a declaration - Right to a natural death
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North Carolina Living Will General Statutes, Right to a natural death, Procedures for natural death in the absence of a declaration. - Part II
Revoking a 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 only 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.
Storing a 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 that you destroy all the original copies. (Note: In North Carolina, 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.
Give a copy of your living will to your doctor and any medical facility where you have regular appointments. 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 is located, and who to contact to get the original.
If you put the original of your living will in a lock box or safe deposit box, make sure someone knows where it is and has access to it. Otherwise, your living will may be found too late
If there is no 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. Before life support treatment can be withheld or withdrawn, two doctors must agree in writing that you are terminally and incurably ill or in a persistent vegetative state. Then extraordinary means or artificial nutrition or hydration may be withheld or stopped with the permission of:
a) your guardian,
b) your health care agent,
c) your spouse, or
d) the majority of your parents and children, if available.
Moving out-of-state
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 not 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 General Statutes, Right to a natural death, Procedures for natural death in the absence of a declaration. - Part II"
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