100 Connemara Drive Suite 120Cary, NC ● 27519
Phone 919-651-9471 ● Fax 919-651-9473
Living Wills

What is a Living Will

Despite its name, a Living Will is not a "will" in the traditional sense. Although the term Living Will may indicate that it is a will, in reality, it is more similar to a Power of Attorney ("POA") than a will. The Living Will is designed to address healthcare issue while wills and trusts deal with financial and legal issues. A Living Will is not a substitute for a will, nor is a will a substitute for a Living Will. The purpose of a Living Will is to allow you to make decisions about life support and directs others to implement your desires in that regard. Generally, a Living Will directs medical and healthcare personnel to not make attempts to prolong your life should you become permanently incapacitated or in a terminal and incurable state. In North Carolina, the Right to a Natural Death Act says you can execute a Living Will and it will be honored by the healthcare personnel taking care of you. If you do not have a Living Will and you are unable to make your medical decisions, someone else must decide for you. Before life support treatment can be withheld or withdrawn, two doctors must agree in writing that you are terminally and incurably ill or in a persistent vegetative state. Then, extraordinary means or artificial nutrition or hydration may be withheld or stopped with the permission of:

1) your guardian,

2) your healthcare agent,

3) your spouse, or

4) the majority of your parents and children, if available

Creating and executing a Living Will gives you power and control over the healthcare services you receive and expresses your desire to be treated in the event of incapacitating injury.

The Durable Power of Attorney for Healthcare

The North Carolina Living Will

Witness to the Living Will

Effect of a North Carolina Living Will

Revocation of a North Carolina Living Will

Storing your Living Will

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Law Office of Scott D. Beasley, P.A.
100 Connemara Drive ● Suite 120 ● Cary, NC ● 27519
Phone 919-651-9471 ● Fax 919-651-9473
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