State Codes and Statutes

Statutes > North-carolina > Chapter_32A > GS_32A-19

§ 32A‑19.  Extent ofauthority; limitations of authority.

(a)        A principal,pursuant to a health care power of attorney, may grant to the health care agentfull power and authority to make health care decisions to the same extent thatthe principal could make those decisions for himself or herself if he or shehad capacity to make and communicate health care decisions, including withoutlimitation, the power to authorize withholding or discontinuing life‑prolongingmeasures and the power to authorize the giving or withholding of mental healthtreatment. A health care power of attorney may also contain or incorporate byreference any lawful guidelines or directions relating to the health care ofthe principal as the principal deems appropriate.

(a1)      A health care powerof attorney may incorporate or be combined with an advance instruction formental health treatment prepared pursuant to Part 2 of Article 3 of Chapter122C of the General Statutes. A health care agent's decisions about mentalhealth treatment shall be consistent with any statements the principal hasexpressed in an advance instruction for mental health treatment if one soexists, and if none exists, shall be consistent with what the agent believes ingood faith to be the manner in which the principal would act if the principaldid not lack capacity to make or communicate health care decisions. A healthcare agent is not subject to criminal prosecution, civil liability, orprofessional disciplinary action for any action taken in good faith pursuant toan advance instruction for mental health treatment.

(b)        A health care powerof attorney may authorize the health care agent to exercise any and all rightsthe principal may have with respect to anatomical gifts, the authorization ofany autopsy, and the disposition of remains; provided this authority is limitedto incurring reasonable costs related to exercising these powers, and a healthcare power of attorney does not give the health care agent general authorityover a principal's property or financial affairs.

(c)        A health care powerof attorney may contain, and the authority of the health care agent shall besubject to, the specific limitations or restrictions as the principal deemsappropriate.

(d)        The powers andauthority granted to the health care agent pursuant to a health care power ofattorney shall be limited to the matters addressed in it, and, except asnecessary to exercise such powers and authority relating to health care, shallnot confer any power or authority with respect to the property or financialaffairs of the principal.

(e)        This Article shallnot be construed to invalidate a power of attorney that authorizes an agent tomake health care decisions for the principal, which was executed prior toOctober 1, 1991.

(f)         A health carepower of attorney does not limit any authority in Article 5 of Chapter 122C ofthe General Statutes either to take a person into custody or to admit, retain,or treat a person in a facility. (1991, c. 639, s. 1; 1998‑198, s. 1; 1998‑217,s. 53; 2007‑502, s. 3.)

State Codes and Statutes

Statutes > North-carolina > Chapter_32A > GS_32A-19

§ 32A‑19.  Extent ofauthority; limitations of authority.

(a)        A principal,pursuant to a health care power of attorney, may grant to the health care agentfull power and authority to make health care decisions to the same extent thatthe principal could make those decisions for himself or herself if he or shehad capacity to make and communicate health care decisions, including withoutlimitation, the power to authorize withholding or discontinuing life‑prolongingmeasures and the power to authorize the giving or withholding of mental healthtreatment. A health care power of attorney may also contain or incorporate byreference any lawful guidelines or directions relating to the health care ofthe principal as the principal deems appropriate.

(a1)      A health care powerof attorney may incorporate or be combined with an advance instruction formental health treatment prepared pursuant to Part 2 of Article 3 of Chapter122C of the General Statutes. A health care agent's decisions about mentalhealth treatment shall be consistent with any statements the principal hasexpressed in an advance instruction for mental health treatment if one soexists, and if none exists, shall be consistent with what the agent believes ingood faith to be the manner in which the principal would act if the principaldid not lack capacity to make or communicate health care decisions. A healthcare agent is not subject to criminal prosecution, civil liability, orprofessional disciplinary action for any action taken in good faith pursuant toan advance instruction for mental health treatment.

(b)        A health care powerof attorney may authorize the health care agent to exercise any and all rightsthe principal may have with respect to anatomical gifts, the authorization ofany autopsy, and the disposition of remains; provided this authority is limitedto incurring reasonable costs related to exercising these powers, and a healthcare power of attorney does not give the health care agent general authorityover a principal's property or financial affairs.

(c)        A health care powerof attorney may contain, and the authority of the health care agent shall besubject to, the specific limitations or restrictions as the principal deemsappropriate.

(d)        The powers andauthority granted to the health care agent pursuant to a health care power ofattorney shall be limited to the matters addressed in it, and, except asnecessary to exercise such powers and authority relating to health care, shallnot confer any power or authority with respect to the property or financialaffairs of the principal.

(e)        This Article shallnot be construed to invalidate a power of attorney that authorizes an agent tomake health care decisions for the principal, which was executed prior toOctober 1, 1991.

(f)         A health carepower of attorney does not limit any authority in Article 5 of Chapter 122C ofthe General Statutes either to take a person into custody or to admit, retain,or treat a person in a facility. (1991, c. 639, s. 1; 1998‑198, s. 1; 1998‑217,s. 53; 2007‑502, s. 3.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_32A > GS_32A-19

§ 32A‑19.  Extent ofauthority; limitations of authority.

(a)        A principal,pursuant to a health care power of attorney, may grant to the health care agentfull power and authority to make health care decisions to the same extent thatthe principal could make those decisions for himself or herself if he or shehad capacity to make and communicate health care decisions, including withoutlimitation, the power to authorize withholding or discontinuing life‑prolongingmeasures and the power to authorize the giving or withholding of mental healthtreatment. A health care power of attorney may also contain or incorporate byreference any lawful guidelines or directions relating to the health care ofthe principal as the principal deems appropriate.

(a1)      A health care powerof attorney may incorporate or be combined with an advance instruction formental health treatment prepared pursuant to Part 2 of Article 3 of Chapter122C of the General Statutes. A health care agent's decisions about mentalhealth treatment shall be consistent with any statements the principal hasexpressed in an advance instruction for mental health treatment if one soexists, and if none exists, shall be consistent with what the agent believes ingood faith to be the manner in which the principal would act if the principaldid not lack capacity to make or communicate health care decisions. A healthcare agent is not subject to criminal prosecution, civil liability, orprofessional disciplinary action for any action taken in good faith pursuant toan advance instruction for mental health treatment.

(b)        A health care powerof attorney may authorize the health care agent to exercise any and all rightsthe principal may have with respect to anatomical gifts, the authorization ofany autopsy, and the disposition of remains; provided this authority is limitedto incurring reasonable costs related to exercising these powers, and a healthcare power of attorney does not give the health care agent general authorityover a principal's property or financial affairs.

(c)        A health care powerof attorney may contain, and the authority of the health care agent shall besubject to, the specific limitations or restrictions as the principal deemsappropriate.

(d)        The powers andauthority granted to the health care agent pursuant to a health care power ofattorney shall be limited to the matters addressed in it, and, except asnecessary to exercise such powers and authority relating to health care, shallnot confer any power or authority with respect to the property or financialaffairs of the principal.

(e)        This Article shallnot be construed to invalidate a power of attorney that authorizes an agent tomake health care decisions for the principal, which was executed prior toOctober 1, 1991.

(f)         A health carepower of attorney does not limit any authority in Article 5 of Chapter 122C ofthe General Statutes either to take a person into custody or to admit, retain,or treat a person in a facility. (1991, c. 639, s. 1; 1998‑198, s. 1; 1998‑217,s. 53; 2007‑502, s. 3.)