Planning for Incapacity: Health Care Directives in Lenoir County Estate Plans

What Are Health Care Directives and Why Are They Important?

Health care directives, also known as living wills or advance directives, are legal documents that express your wishes regarding medical treatment if you become incapacitated and unable to communicate your desires. These documents ensure that your health care preferences are respected and followed, even when you can’t voice them yourself.

In North Carolina, health care directives are part of a comprehensive estate plan. They provide guidance to your loved ones and medical professionals about your treatment preferences, reducing the burden of decision-making during a stressful time.

What Should I Include in My Health Care Directive?

When crafting your health care directive, it’s essential to consider various medical situations and the types of care you would want in each case. You should specify your wishes regarding life-sustaining treatments, resuscitation, organ donation, and end-of-life care.

It’s also wise to appoint a health care power of attorney in your directive. This person will make medical decisions on your behalf if you’re unable to do so. Choose someone you trust and who understands your values and wishes.

How Do I Create a Health Care Directive in Lenoir County?

In North Carolina, creating a health care directive involves several steps. First, you must decide on your health care preferences and choose a health care power of attorney. Then, you need to document these decisions in a written directive.

The directive must be signed by you and witnessed by two individuals who are not related to you and won’t inherit from your estate. It also needs to be notarized. Once completed, you should provide copies of your directive to your doctor, your health care power of attorney, and any relevant family members.

While you can create a health care directive on your own, working with a skilled attorney can ensure that your directive is legally sound and accurately reflects your wishes. An attorney can also help you navigate any complex medical or legal issues that may arise.

What Are the Legal Requirements for a Health Care Directive in North Carolina?

In North Carolina, a health care directive must meet several legal requirements to be valid. It must be in writing and signed by you, the declarant. It also needs to be signed by two competent witnesses who are not related to you, are not your health care providers, and will not inherit from your estate.

Additionally, your directive must be notarized. This means a notary public must verify your identity and witness your signature. The notary will also confirm that you appear to be of sound mind and not under duress or undue influence.

While you can draft a health care directive on your own, it’s advisable to seek legal assistance. A knowledgeable attorney can ensure that your directive meets all legal requirements and accurately reflects your wishes.

Can I Change My Health Care Directive?

Yes, you can change your health care directive at any time as long as you’re mentally competent. To make changes, you need to create a new directive, sign it, have it witnessed and notarized, and distribute copies to all relevant parties.

It’s a good idea to review your directive periodically, especially if your health condition changes, or if there are advances in medical technology that might affect your decisions.

What Happens If I Don’t Have a Health Care Directive?

If you become incapacitated without a health care directive in place, decisions about your medical treatment will be left to your doctors and potentially your family members. In North Carolina, if there’s disagreement about your care, a court may need to appoint a guardian to make decisions on your behalf.

This situation can be stressful and emotionally draining for your loved ones, who may struggle to determine what you would have wanted. It can also cause legal disputes among family members, adding further strain during an already difficult time.

What If My Health Care Power of Attorney Is Unable or Unwilling to Act?

In your health care directive, you may want to consider naming an alternate health care power of attorney. This person would step in if your primary power of attorney is unable or unwilling to make decisions on your behalf.

For instance, if your primary power of attorney becomes seriously ill or passes away, your alternate power of attorney would assume the role. Similarly, if your primary power of attorney decides they are no longer comfortable making health care decisions for you, your alternate would take over. If you don’t have an alternate power of attorney and your primary power of attorney can’t or won’t act, a court may need to appoint a guardian to make decisions on your behalf.

A health care directive helps to ensure that your health care wishes are respected, reduces uncertainty and conflict for your loved ones, and provides guidance to your medical team.

How Can a Lawyer Help with My Health Care Directive?

A skilled attorney can help you understand the implications of various medical scenarios and guide you in expressing your wishes clearly and effectively.

An attorney can also ensure your directive meets all legal requirements in North Carolina, reducing the risk of disputes or challenges down the line. They can help you select a health care power of attorney and discuss how to communicate your wishes to this person.

If you need assistance with a health care directive, call the Swindell Law Firm today at 252-262-1325 for a free case evaluation!