(a) A health care powerof attorney shall become effective when and if the physician or physicians or,in the case of mental health treatment, physician or eligible psychologist asdefined in G.S. 122C‑3(13d), designated by the principal determine inwriting that the principal lacks sufficient understanding or capacity to makeor communicate decisions relating to the health care of the principal, andshall continue in effect during the incapacity of the principal. Thedetermination shall be made by the principal's attending physician or eligiblepsychologist if the physician or physicians or eligible psychologist designatedby the principal is unavailable or is otherwise unable or unwilling to makethis determination or if the principal failed to designate a physician orphysicians or eligible psychologist to make this determination. A health carepower of attorney may include a provision that, if the principal does notdesignate a physician for reasons based on his religious or moral beliefs asspecified in the health care power of attorney, a person designated by theprincipal in the health care power of attorney may certify in writing,acknowledged before a notary public, that the principal lacks sufficientunderstanding or capacity to make or communicate decisions relating to hishealth care. The person so designated must be a competent person 18 years ofage or older, not engaged in providing health care to the principal forremuneration, and must be a person other than the health care agent.
(b) Except for purposesof exercising authority granted by a health care power of attorney with respectto anatomical gifts, autopsy, or disposition of remains as provided in G.S. 32A‑19(b),a health care power of attorney is revoked by the death of the principal. Ahealth care power of attorney may be revoked by the principal at any time, solong as the principal is capable of making and communicating health caredecisions. The principal may exercise this right of revocation by executing andacknowledging an instrument of revocation, by executing and acknowledging asubsequent health care power of attorney, or in any other manner by which theprincipal is able to communicate an intent to revoke. This revocation becomes effectiveonly upon communication by the principal to each health care agent named in therevoked health care power of attorney and to the principal's attendingphysician or eligible psychologist.
(c) The authority of ahealth care agent who is the spouse of the principal shall be revoked upon theentry by a court of a decree of divorce or separation between the principal andthe health care agent; provided that if the health care power of attorneydesignates a successor health care agent, the successor shall serve as thehealth care agent, and the health care power of attorney shall not be revoked. (1991, c. 639, s. 1; 1993, c.523, s. 2; 1998‑198, s. 1; 1998‑217, s. 53; 2005‑351, s. 2;2006‑226, s. 32.)
(a) A health care powerof attorney shall become effective when and if the physician or physicians or,in the case of mental health treatment, physician or eligible psychologist asdefined in G.S. 122C‑3(13d), designated by the principal determine inwriting that the principal lacks sufficient understanding or capacity to makeor communicate decisions relating to the health care of the principal, andshall continue in effect during the incapacity of the principal. Thedetermination shall be made by the principal's attending physician or eligiblepsychologist if the physician or physicians or eligible psychologist designatedby the principal is unavailable or is otherwise unable or unwilling to makethis determination or if the principal failed to designate a physician orphysicians or eligible psychologist to make this determination. A health carepower of attorney may include a provision that, if the principal does notdesignate a physician for reasons based on his religious or moral beliefs asspecified in the health care power of attorney, a person designated by theprincipal in the health care power of attorney may certify in writing,acknowledged before a notary public, that the principal lacks sufficientunderstanding or capacity to make or communicate decisions relating to hishealth care. The person so designated must be a competent person 18 years ofage or older, not engaged in providing health care to the principal forremuneration, and must be a person other than the health care agent.
(b) Except for purposesof exercising authority granted by a health care power of attorney with respectto anatomical gifts, autopsy, or disposition of remains as provided in G.S. 32A‑19(b),a health care power of attorney is revoked by the death of the principal. Ahealth care power of attorney may be revoked by the principal at any time, solong as the principal is capable of making and communicating health caredecisions. The principal may exercise this right of revocation by executing andacknowledging an instrument of revocation, by executing and acknowledging asubsequent health care power of attorney, or in any other manner by which theprincipal is able to communicate an intent to revoke. This revocation becomes effectiveonly upon communication by the principal to each health care agent named in therevoked health care power of attorney and to the principal's attendingphysician or eligible psychologist.
(c) The authority of ahealth care agent who is the spouse of the principal shall be revoked upon theentry by a court of a decree of divorce or separation between the principal andthe health care agent; provided that if the health care power of attorneydesignates a successor health care agent, the successor shall serve as thehealth care agent, and the health care power of attorney shall not be revoked. (1991, c. 639, s. 1; 1993, c.523, s. 2; 1998‑198, s. 1; 1998‑217, s. 53; 2005‑351, s. 2;2006‑226, s. 32.)
(a) A health care powerof attorney shall become effective when and if the physician or physicians or,in the case of mental health treatment, physician or eligible psychologist asdefined in G.S. 122C‑3(13d), designated by the principal determine inwriting that the principal lacks sufficient understanding or capacity to makeor communicate decisions relating to the health care of the principal, andshall continue in effect during the incapacity of the principal. Thedetermination shall be made by the principal's attending physician or eligiblepsychologist if the physician or physicians or eligible psychologist designatedby the principal is unavailable or is otherwise unable or unwilling to makethis determination or if the principal failed to designate a physician orphysicians or eligible psychologist to make this determination. A health carepower of attorney may include a provision that, if the principal does notdesignate a physician for reasons based on his religious or moral beliefs asspecified in the health care power of attorney, a person designated by theprincipal in the health care power of attorney may certify in writing,acknowledged before a notary public, that the principal lacks sufficientunderstanding or capacity to make or communicate decisions relating to hishealth care. The person so designated must be a competent person 18 years ofage or older, not engaged in providing health care to the principal forremuneration, and must be a person other than the health care agent.
(b) Except for purposesof exercising authority granted by a health care power of attorney with respectto anatomical gifts, autopsy, or disposition of remains as provided in G.S. 32A‑19(b),a health care power of attorney is revoked by the death of the principal. Ahealth care power of attorney may be revoked by the principal at any time, solong as the principal is capable of making and communicating health caredecisions. The principal may exercise this right of revocation by executing andacknowledging an instrument of revocation, by executing and acknowledging asubsequent health care power of attorney, or in any other manner by which theprincipal is able to communicate an intent to revoke. This revocation becomes effectiveonly upon communication by the principal to each health care agent named in therevoked health care power of attorney and to the principal's attendingphysician or eligible psychologist.
(c) The authority of ahealth care agent who is the spouse of the principal shall be revoked upon theentry by a court of a decree of divorce or separation between the principal andthe health care agent; provided that if the health care power of attorneydesignates a successor health care agent, the successor shall serve as thehealth care agent, and the health care power of attorney shall not be revoked. (1991, c. 639, s. 1; 1993, c.523, s. 2; 1998‑198, s. 1; 1998‑217, s. 53; 2005‑351, s. 2;2006‑226, s. 32.)
