At David E. Anderson PLLC, we understand that thinking about a time when you may be unable to make your own decisions can be difficult. However, creating advance directives is one of the most caring steps you can take for yourself and your loved ones. These legal documents ensure your wishes are honored and relieve your family from having to make difficult decisions during already stressful times.
What Are Advance Directives?
Advance directives are legal documents that allow you to plan for and communicate your end-of-life wishes in the event you become unable to make decisions for yourself. In North Carolina, these documents typically include the Durable Power of Attorney, Healthcare Power of Attorney, and Living Will. Each serves a specific purpose in ensuring your wishes are respected during vulnerable times.
Durable Power of Attorney
A Durable Power of Attorney (DPOA) is a crucial document that grants someone you trust the legal authority to manage your financial affairs if you become incapacitated. Without this document, your loved ones would need to petition the court for guardianship—a costly, time-consuming, and public process.
In North Carolina, a properly executed DPOA allows your chosen agent to pay your bills, file tax returns, make investment decisions, handle real estate transactions, access financial accounts, and apply for government benefits on your behalf. To be valid in our state, your DPOA must be signed in the presence of a notary public.
At David E. Anderson PLLC, we ensure your document meets all state requirements and includes specific provisions tailored to your unique situation.
Healthcare Power of Attorney
A Healthcare Power of Attorney (HCPOA) designates a trusted person to make medical decisions on your behalf when you cannot. This document is essential for ensuring your healthcare preferences are respected during times when communication may be impossible.
When we prepare your Healthcare Power of Attorney, we include designation of your primary agent and alternates, specific medical powers granted, and special instructions regarding treatments or care that reflect your personal values.
Under North Carolina law, your HCPOA must be witnessed by two qualified individuals and notarized to be legally valid. Our firm ensures these requirements are met while creating a document that truly reflects your wishes. We take the time to discuss your healthcare values and concerns, ensuring your agent will have clear guidance when making decisions on your behalf.
Living Will (Declaration of a Desire for a Natural Death)
A Living Will, known in North Carolina as a Declaration of a Desire for a Natural Death, allows you to state your wishes regarding life-prolonging measures if you have a terminal or incurable condition. This powerful document addresses whether you want life-prolonging treatments in terminal situations, your preferences regarding artificial nutrition and hydration, and comfort care directives.
Like other advance directives in North Carolina, your Living Will must be properly witnessed and notarized. Our experienced team guides you through these requirements while helping you articulate your wishes clearly. We use clear, straightforward language to ensure healthcare providers understand and respect your preferences during moments where prompt decision-making is important..
Why Creating Advance Directives Is Important
Without advance directives, your family may face difficult decisions without knowing your wishes, potentially leading to conflict during an already emotional time. By creating these documents, you ensure your wishes are legally documented and followed, prevent court intervention and guardianship proceedings, and provide clear guidance to healthcare providers.
Perhaps most importantly, you relieve loved ones from making difficult decisions without direction, allowing them to focus on supporting you rather than guessing what you would want.
At our Wilmington estate planning firm, we don't simply provide template documents. We take time to understand your values, concerns, and specific situation to create advance directives that truly reflect your wishes.
Our process includes a personal consultation to discuss your healthcare values and preferences, education about how each document works under North Carolina law, and thoughtful drafting of documents tailored to your specific circumstances.
When to Update Your Advance Directives
We recommend reviewing your advance directives when:
- There are changes in your health status
- Your designated agents are no longer appropriate choices
- You move to North Carolina from another state
- There are changes in North Carolina laws affecting advance directives
- Your wishes or values regarding end-of-life care change
Frequently Asked Questions About North Carolina Advance Directives
Can I create my own advance directives without an attorney?
While DIY forms are available, they often fail to address specific situations and may not meet all legal requirements. Working with our experienced estate planning attorney ensures your documents are comprehensive, legally sound, and truly reflect your wishes.
Where should I keep my advance directives?
Keep the originals in a safe but accessible location. Provide copies to your healthcare agent, alternate agents, primary physician, and close family members. We also recommend keeping a digital copy and carrying a wallet card with your agent's contact information. North Carolina also has an Advance Directive Registry - you can read more about your options on our site here: Storage Options For Advance Directives
Can I change my advance directives later?
Yes. Your advance directives can be revoked or modified at any time as long as you have the capacity to do so. We recommend reviewing these documents regularly to ensure they still align with your wishes.
Does my Healthcare Power of Attorney expire?
In North Carolina, a properly executed Healthcare Power of Attorney remains valid unless you revoke it or specify an expiration date in the document itself.
Schedule Your Advance Directives Consultation
Taking control of your future healthcare and financial decisions is one of the most responsible actions you can take for yourself and your loved ones. At David E. Anderson PLLC, we make this process straightforward and meaningful.
Contact our Wilmington office today to schedule your consultation. Let our experienced estate planning team help you create advance directives that protect your wishes and provide peace of mind for you and your family.