A living will is a type of advance health care directive (“advance directive“). You can use this document to describe your future medical wishes in case of a serious illness or injury. Through a living will, you will make decisions about life-prolonging measures under end-of-life medical conditions. Life-prolonging measures are procedures that prolong natural death. They include artificial nutrition and hydration, ventilation, dialysis, and others. Through your living will, you can make your preferences on pain medications and comfort care known too.

Although these issues can be unpleasant to consider, it may give you peace of mind to know that you have made your medical wishes clear. A living will can even help prevent strife among loved ones who may have conflicting opinions on your health care.

In North Carolina, you have the option of naming a trusted person to make medical decisions for you if you become unable to make them for yourself. This person is known as a health care agent.

The document you can use to name a health care agent is called a health care power of attorney. This is another type of advance directive in addition to a living will. You are under no obligation to name a health care agent, but you may want to. This person will be able to make medical decisions for you that are not covered by your living will. If you would like, you can give this person the authority to override your living will. Otherwise, they are legally obligated to follow your expressed wishes.

When you select a health care agent, you should choose the person you trust the most with your health care decisions. They will have broad authority over your medical choices in case you ever become unable to give informed consent on treatments. So, you should make sure that they understand the types of care you would refuse or accept. They should also be familiar with your end-of-life medical wishes.

According to chapter 32A of North Carolina statutes, you can choose any competent adult as your health care agent as long as this person is not your paid health care provider. Many people choose a close loved one, such as a sibling, a parent, an adult child, or a spouse for this role. Before committing to a health care agent, you should talk to this person to make sure that they are willing and able to take on this important responsibility.

To make your living will a legally valid document, you must sign it. According to chapter 90 of the North Carolina statutes, there must be two witnesses present at the time of signing, and you must get the document notarized. Your witnesses and the notary public should all sign the document. You should be aware, however, that there are a few restrictions on your choice of witnesses.

The following people may not witness your living will:

• Anyone who is related to you or your spouse
• Anyone who could inherit from you
• Your attending physician or their employees
• Employees of a health care facility where you receive treatment
• Employees of a nursing home or adult care facility where you reside
• Anyone who could have a legal claim against your estate after your death

These restrictions may eliminate most people in your inner circle from witnessing your living will. To properly comply with the witnessing requirement, you may need to ask coworkers, neighbors, or other acquaintances to act as witnesses.

If you have any trouble finding a notary public, North Carolina’s Secretary of State maintains a database to help you find one nearby.

After you have properly signed and notarized your advance directives, you should distribute them to the right people. Your health care agent, medical providers, and loved ones should all receive copies. This will help them to understand your wishes and to carry out your instructions if necessary.

Further, you have the option of filing your advance directive with North Carolina’s Advance Health Care Directive Registry. If you would like to do this, you should fill out the registration form and submit copies of your advance directives to the address listed. After you file, you will receive a registry card that you can keep in your wallet. This card will contain identifying information that your loved ones or doctors can use to access your advance directives in the case of an emergency.

A good rule of thumb is to review your advance directives every few years at least. However, if you go through significant life events, you may need to update your estate plan (including your advance directives) sooner.

If you have received a new diagnosis, gone through a divorce, completed an out-of-state move, or experienced any other major changes, you should take a fresh look at your documents. This will help to ensure that your advance directives reflect your current wishes. If you create a living will through FindLaw, you can make unlimited changes to it for any reason for a full year after purchase.