A health care power of attorney may be a separate document or may be included in a broader durable power of attorney document addressing other matters than consent for and refusal of medical care. A living will and a health care power of attorney must be witnessed and signed in accordance with North Carolina law and must be certified by a notary public. At least two witnesses are required for a living will and a health care power of attorney. Witnesses cannot be related to the person signing the documents or be potential heirs to the person's estate. Because they are not employees of the physician or health care institution, volunteers may witness the execution of a living will or health care power of attorney.
Witnesses can have no claim against the individual.
You should carefully consider the implications of executing these documents, both as to the course of your future medical care and as to the effect of your decisions on your loved ones. It is strongly suggested that you consult with family members prior to executing these documents. You may have a living will indicating your choice of health care in the event you are unable to make those decisions in the future, and you also may have a health care power of attorney designating an individual to act on your behalf. In fact, you may even have a living will and a health care power of attorney in the same document. By addressing these issues in a single document, the risk of any inconsistency in separate documents can be avoided.