Who decides about my medical care or treatment? What is an advance directive? Do I have to have an advance directive and what happens if I don’t? How do I make an advance directive? Are there forms I can use to make an advance directive? When does an advance directive go into effect? What happens if I change my mind? Whom should I talk to about an advance directive? Where should I keep my advance directive? What if I have an advance directive from another state? Where can I get more information?
If you are 18 or older and mentally competent, you have the right to make decisions about your medical treatment. You should talk to your doctor or other health care provider about any treatment or procedures so that you understand what will be done and why. You have the right to say yes or no to treatments recommended by your doctor. If you want to control decisions about your health care even if you become unable to make or to express them yourself, you will need an advance directive.
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An advance directive is a set of directions you give about the health care you want if you ever lose the ability to make decisions about your care. One way is called a “living will;” the other way is called a “health care power of attorney.”
Making a living will or a health care power of attorney is your choice. If you become unable to make your own decisions and you don't have a living will, or a health care agent or person named to make medical decisions for you, a doctor or health care provider will consult with someone close to you about your care.
You must follow several rules when you make a formal living will or a health care power of attorney. These rules are to protect you and ensure that your wishes are clear to the doctor or other provider who may be asked to carry them out. Both a living will and health care power of attorney must be written and signed by you while you are still able to understand your condition and treatment choices and to make those choices known. Both types of advance directives must be witnessed by two qualified people and be notarized.
Yes. There is a living will form and a health care power of attorney form that you can use. These forms meet all of the rules for a formal advance directive. Using the special form is the best way to make sure that your wishes are carried out.
A living will goes into effect when you are going to die soon and cannot be cured, or when you are in a persistent vegetative state. The powers granted by your health care power of attorney go into effect when your doctor states in writing that you are not able to make or to make known your health care choices. When you designate a health care power of attorney, you can name the doctor you would want to make this decision.
You can cancel your living will either by destroying all the copies of it or by informing your doctor that you want to cancel it. You can change your health care power of attorney by signing another one or by telling your doctor and each health care agent you named of the change.
You should talk to those closest to you about an advance directive and your feelings about the health care you would like to receive. Your doctor or health care provider can answer medical questions. A lawyer can answer questions about the law. Some people also discuss the decision with clergy or other trusted advisors.
Keep a copy in a safe place where your family can get it. Give copies to your family, your doctor or other health care provider, your health care agent and any close friends who might be asked about your care should you become unable to make decisions. back to FAQ's
An advance directive from another state may not meet all of North Carolina’s rules. To be sure about this, you may want to make an advance directive in North Carolina, too. Or you could have your lawyer review the advance directive from the other state.
Your health care provider can tell you how to get more information about advance directives.
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