Power of Attorney & Living Will

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The Durable Power of Attorney

Health Care Power of Attorney

Living Will

 A power of attorney is a written instrument by which one person, as principal, appoints another person as his or her agent and grants the designated person the power to handle his or her affairs and property. The person executing the power of attorney must have the capacity to understand the nature and significance of the act at the time of execution. 

  1. Effective Date. The power can be drafted so that it is a "springing power'' that does not become effective until the principal is incompetent. 
  2. Gifting. Special provisions may be included in the document to give the agent the power to make gifts from the principal's property. 
  3. Durability. A power can be drafted so that it will be effective even if the principal becomes physically or mentally disabled. This avoids the need for the appointment of a conservator or guardian.
  4. Termination of Power. The power of attorney can be revoked by the principal, and it automatically terminates upon the death of the principal. The powers of a guardian will trump the powers of an agent under a power of attorney. 
 North Carolina law allows an agent under a power of attorney to make any health care decision on behalf of an incapacitated person, including the right to consent or withhold consent to health care if such authority is specified in the document. 


With this type of document, you designate an agent to make decisions on your behalf if you become unable to make the decisions yourself.


This document does not authorize your physician or a hospital to act without the consent of your agent. 
 With a living will,you may authorize your physician to withhold life support and feeding tubes if you are terminally ill or in a permanent coma.


You may make different choices as to the level of care to be withheld or discontinued (for example,respirator care only,or also the withholding or discontinuance of artificial nutrition or hydration). 


A statutory form Living Will (also known as a Declaration of a Desire for a Natural Death)has been adopted by the North Carolina General Assembly.