State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_122C > GS_122C-73

§ 122C‑73.  Scope, use,and authority of advance instruction for mental health treatment.

(a)        Any adult of soundmind may make an advance instruction regarding mental health treatment. Theadvance instruction may include consent to or refusal of mental healthtreatment.

(b)        An advanceinstruction may include, but is not limited to, the names and telephone numbersof individuals to be contacted in case of a mental health crisis, situationsthat may cause the principal to experience a mental health crisis, responsesthat may assist the principal to remain in the principal's home during a mentalhealth crisis, the types of assistance that may help stabilize the principal ifit becomes necessary to enter a facility, and medications that the principal istaking or has taken in the past and the effects of those medications.

(c)        An individual shallnot be required to execute or to refrain from executing an advance instructionas a condition for insurance coverage, as a condition for receiving mental orphysical health services, as a condition for receiving privileges while in afacility, or as a condition of discharge from a facility.

(c1)      A principal, throughan advance instruction, may grant or withhold authority for mental healthtreatment, including, but not limited to, the use of psychotropic medication,electroconvulsive treatment, and admission to and retention in a facility forthe care or treatment of mental illness.

(d)        A principal maynominate, by advance instruction for mental health treatment, the guardian ofthe person of the principal if a guardianship proceeding is thereaftercommenced. The court shall make its appointment in accordance with theprincipal's most recent nomination in an unrevoked advance instruction formental health treatment, except for good cause shown.

(e)        If, following theexecution of an advance instruction for mental health treatment, a court ofcompetent jurisdiction appoints a guardian of the person of the principal, or ageneral guardian with powers over the person of the principal, the guardianshall follow the advance instruction consistent with G.S. 35A‑1201(a)(5).

(f)         An advanceinstruction for mental health treatment may be combined with a health carepower of attorney or general power of attorney that is executed in accordancewith the requirements of Chapter 32A of the General Statutes so long as eachform shall be executed in accordance with its own statute. (1997‑442,s. 2; 1998‑198, s. 2.)