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STATE OF NORTH CAROLINA

HEALTH CARE POWER OF

ATTORNEY

COUNTY OF __________________

NOTE: YOU SHOULD USE THIS DOCUMENT TO NAME A PERSON AS YOUR HEALTH CARE

AGENT IF YOU ARE COMFORTABLE GIVING THAT PERSON BROAD AND SWEEPING POWERS

TO MAKE HEALTH CARE DECISIONS FOR YOU. THERE IS NO LEGAL REQUIREMENT THAT

ANYONE EXECUTE A HEALTH CARE POWER OF ATTORNEY.

1. Designation of Health Care Agent.

I, _______________________________, being of sound mind, hereby appoint the following person(s) to serve as

my health care agent(s) to act for me and in my name (in any way I could act in person) to make health care

decisions for me as authorized in this document. My designated health care agent(s) shall serve alone, in the order

named.

A. Name: _____________________________ Home Telephone: _________________________

Home Address: _____________________________ Work Telephone: _________________________

___________________________________________ Cellular Telephone: _________________________

B. Name: _____________________________ Home Telephone: __________________________

Home Address: _____________________________ Work Telephone: __________________________

___________________________________________ Cellular Telephone: __________________________

C. Name: _____________________________ Home Telephone: _________________________

Home Address: _____________________________ Work Telephone: _________________________

___________________________________________ Cellular Telephone: _________________________

EXPLANATION: You have the right to name someone to make health care decisions for you when you

cannot make or communicate those decisions. This form may be used to create a health care power of

attorney, and meets the requirements of North Carolina law. However, you are not required to use this

form, and North Carolina law allows the use of other forms that meet certain requirements. If you prepare

your own health care power of attorney, you should be very careful to make sure it is consistent with North

Carolina law.

This document gives the person you designate as your health care agent broad powers to make health care

decisions for you when you cannot make the decision yourself or cannot communicate your decision to other

people. You should discuss your wishes concerning life-prolonging measures, mental health treatment, and

other health care decisions with your health care agent. Except to the extent that you express specific

limitations or restrictions in this form, your health care agent may make any health care decision you could

make yourself.

This form does not impose a duty on your health care agent to exercise granted powers, but when a power is

exercised, your health care agent will be obligated to use due care to act in your best interests and in

accordance with this document.

This Health Care Power of Attorney form is intended to be valid in any jurisdiction in which it is presented,

but places outside North Carolina may impose requirements that this form does not meet.

If you want to use this form, you must complete it, sign it, and have your signature witnessed by two

qualified witnesses and proved by a notary public. Follow the instructions about which choices you can

initial very carefully. Do not sign this form until two witnesses and a notary public are present to watch

you sign it. You then should give a copy to your health care agent and to any alternates you name. You

should consider filing it with the Advance Health Care Directive Registry maintained by the North Carolina

Secretary of State: http://www.nclifelinks.org/ahcdr/

Any successor health care agent designated shall be vested with the same power and duties as if originally named as

my health care agent, and shall serve any time his or her predecessor is not reasonably available or is unwilling or

unable to serve in that capacity.

2. Effectiveness of Appointment.

My designation of a health care agent expires only when I revoke it. Absent revocation, the authority granted in this

document shall become effective when and if one of the physician(s) listed below determines that I lack capacity to

make or communicate decisions relating to my health care, and will continue in effect during that incapacity, or until

my death, except if I authorize my health care agent to exercise my rights with respect to anatomical gifts, autopsy,

or disposition of my remains, this authority will continue after my death to the extent necessary to exercise that

authority.

1. ____________________________________ (Physician)

2. ____________________________________ (Physician)

If I have not designated a physician, or no physician(s) named above is reasonably available, the determination that I

lack capacity to make or communicate decisions relating to my health care shall be made by my attending physician.

3. Revocation.

Any time while I am competent, I may revoke this power of attorney in a writing I sign or by communicating my

intent to revoke, in any clear and consistent manner, to my health care agent or my health care provider.

4. General Statement of Authority Granted.

Subject to any restrictions set forth in Section 5 below, I grant to my health care agent full power and authority to

make and carry out all health care decisions for me. These decisions include, but are not limited to:

A. Requesting, reviewing, and receiving any information, verbal or written, regarding my physical or mental

health, including, but not limited to, medical and hospital records, and to consent to the disclosure of this

information.

B. Employing or discharging my health care providers.

C. Consenting to and authorizing my admission to and discharge from a hospital, nursing or convalescent

home, hospice, long-term care facility, or other health care facility.

D. Consenting to and authorizing my admission to and retention in a facility for the care or treatment of

mental illness.

E. Consenting to and authorizing the administration of medications for mental health treatment and

electroconvulsive treatment (ECT) commonly referred to as "shock treatment."

F. Giving consent for, withdrawing consent for, or withholding consent for, X-ray, anesthesia, medication,

surgery, and all other diagnostic and treatment procedures ordered by or under the authorization of a

licensed physician, dentist, podiatrist, or other health care provider. This authorization specifically

includes the power to consent to measures for relief of pain.

G. Authorizing the withholding or withdrawal of life-prolonging measures.

H. Providing my medical information at the request of any individual acting as my attorney-in-fact under a

durable power of attorney or as a Trustee or successor Trustee under any Trust Agreement of which I am

a Grantor or Trustee, or at the request of any other individual whom my health care agent believes should

have such information. I desire that such information be provided whenever it would expedite the prompt

and proper handling of my affairs or the affairs of any person or entity for which I have some

responsibility. In addition, I authorize my health care agent to take any and all legal steps necessary to

ensure compliance with my instructions providing access to my protected health information. Such steps

shall include resorting to any and all legal procedures in and out of courts as may be necessary to enforce

my rights under the law and shall include attempting to recover attorneys' fees against anyone who does

not comply with this health care power of attorney.

I. To the extent I have not already made valid and enforceable arrangements during my lifetime that have

not been revoked, exercising any right I may have to authorize an autopsy or direct the disposition of my

remains.

J. Taking any lawful actions that may be necessary to carry out these decisions, including, but not limited

to: (i) signing, executing, delivering, and acknowledging any agreement, release, authorization, or other

document that may be necessary, desirable, convenient, or proper in order to exercise and carry out any

of these powers; (ii) granting releases of liability to medical providers or others; and (iii) incurring

reasonable costs on my behalf related to exercising these powers, provided that this health care power of

attorney shall not give my health care agent general authority over my property or financial affairs.

5. Special Provisions and Limitations.

(Notice: The authority granted in this document is intended to be as broad as possible so that your health care agent

will have authority to make any decisions you could make to obtain or terminate any type of health care treatment or

service. If you wish to limit the scope of your health care agent's powers, you may do so in this section. If none of

the following are initialed, there will be no special limitations on your agent's authority.)

A. Limitations about Artificial Nutrition or Hydration: In exercising the authority to

make health care decisions on my behalf, my health care agent:

________

(Initial)

Shall NOT have the authority to withhold artificial nutrition (such as through tubes)

OR may exercise that authority only in accordance with the following special

provisions:

________

(Initial)

Shall NOT have the authority to withhold artificial hydration (such as through tubes)

OR may exercise that authority only in accordance with the following special

provisions:

NOTE: If you initial either block but do not insert any special provisions, your health

care agent shall have NO AUTHORITY to withhold artificial nutrition or hydration.

________

(Initial)

B. Limitations Concerning Health Care Decisions. In exercising the authority to make

health care decisions on my behalf, the authority of my health care agent is subject to

the following provisions: (Here you may include any specific you deem appropriate

such as: your own definition when life-prolonging measures should be withheld or

discontinued, or instructions to refuse any specific types of that are inconsistent with

your religious beliefs, or are unacceptable to you for any other reason.)

NOTE: DO NOT initial unless you insert a limitation.

________

(Initial)

C. Limitations Concerning Mental Health Decisions. In exercising the authority to make

mental health decisions on my behalf, the authority of my health care agent is subject

to following special provisions: (Here you may include any provisions you deem

appropriate such as: limiting grant of authority to make only mental health treatment,

your own instructions regarding the administration withholding of psychotropic

medications and treatment (ECT), regarding admission to and retention in a health

care facility for health treatment, or instructions to refuse any specific of treatment

that are unacceptable to you.)

NOTE: DO NOT initial unless you insert a limitation.

________

(Initial)

D. Advance Instruction for Mental Health Treatment. (Notice: This health care power of

attorney may incorporate or be with an advance instruction for mental health,

executed in accordance with Part 2 of Article 3 of 122C of the General Statutes,

which you may use to your instructions regarding mental health treatment in event

you lack capacity to make or communicate mental treatment decisions. Because your

health care agent's decisions must be consistent with any statements you have in an

advance instruction, you should indicate here you have executed an advance

instruction for mental treatment):

NOTE: DO NOT initial unless you insert a limitation.

________

(Initial)

E. Autopsy and Disposition of Remains. In exercising the authority to make decisions

regarding autopsy and disposition of remains on my behalf, the authority of my health

care agent is subject to the following special provisions and limitations. (Here you

may include any specific limitations you deem such as: limiting the grant of authority

and the scope of authority, or instructions regarding burial or cremation):

NOTE: DO NOT initial unless you insert a limitation.

6. Organ Donation.

To the extent I have not already made valid and enforceable arrangements during my lifetime that have not been

revoked, my health care agent may exercise any right I may have to:

________

(Initial)

donate any needed organs or parts; or

________

(Initial)

donate only the following organs or parts:

______________________________________________________________________

NOTE: DO NOT INITIAL BOTH BLOCKS ABOVE.

________

(Initial)

donate my body for anatomical study if needed.

________

(Initial)

In exercising the authority to make donations, my health care agent is subject to the

following special provisions and limitations: (Here you may include any specific

limitations deem appropriate such as: limiting the grant of authority and the scope of

authority, or instructions regarding gifts of body or body parts.)

_________________________________________________________________________

NOTE: DO NOT initial unless you insert a limitation.

NOTE: NO AUTHORITY FOR ORGAN DONATION IS GRANTED IN THIS INSTRUMENT WITHOUT

YOUR INITIALS.

7. Guardianship Provision.

If it becomes necessary for a court to appoint a guardian of my person, I nominate the persons designated in Section

1, in the order named, to be the guardian of my person, to serve without bond or security. The guardian shall act

consistently with G.S. 35A-1201(a)(5).

8. Reliance of Third Parties on Health Care Agent.

A. No person who relies in good faith upon the authority of or any representations by my health care agent

shall be liable to me, my estate, my heirs, successors, assigns, or personal representatives, for actions or

omissions in reliance on that authority or those representations.

B. The powers conferred on my health care agent by this document may be exercised by my health care

agent alone, and my health care agent's signature or action taken under the authority granted in this

document may be accepted by persons as fully authorized by me and with the same force and effect as if

I were personally present, competent, and acting on my own behalf. All acts performed in good faith by

my health care agent pursuant to this power of attorney are done with my consent and shall have the

same validity and effect as if I were present and exercised the powers myself, and shall inure to the

benefit of and bind me, my estate, my heirs, successors, assigns, and personal representatives. The

authority of my health care agent pursuant to this power of attorney shall be superior to and binding upon

my family, relatives, friends, and others.

9. Miscellaneous Provisions.

A. Revocation of Prior Powers of Attorney. I revoke any prior health care power of attorney. The preceding

sentence is not intended to revoke any general powers of attorney, some of the provisions of which may

relate to health care; however, this power of attorney shall take precedence over any health care

provisions in any valid general power of attorney I have not revoked.

B. Jurisdiction, Severability, and Durability. This Health Care Power of Attorney is intended to be valid in

any jurisdiction in which it is presented. The powers delegated under this power of attorney are

severable, so that the invalidity of one or more powers shall not affect any others. This power of attorney

shall not be affected or revoked by my incapacity or mental incompetence.

C. Health Care Agent Not Liable. My health care agent and my health care agent's estate, heirs, successors,

and assigns are hereby released and forever discharged by me, my estate, my heirs, successors, assigns,

and personal representatives from all liability and from all claims or demands of all kinds arising out of

my health care agent's acts or omissions, except for my health care agent's willful misconduct or gross

negligence.

D. No Civil or Criminal Liability. No act or omission of my health care agent, or of any other person, entity,

institution, or facility acting in good faith in reliance on the authority of my health care agent pursuant to

this Health Care Power of Attorney shall be considered suicide, nor the cause of my death for any civil or

criminal purposes, nor shall it be considered unprofessional conduct or as lack of professional

competence. Any person, entity, institution, or facility against whom criminal or civil liability is asserted

because of conduct authorized by this Health Care Power of Attorney may interpose this document as a

defense.

E. Reimbursement. My health care agent shall be entitled to reimbursement for all reasonable expenses

incurred as a result of carrying out any provision of this directive.

By signing here, I indicate that I am mentally alert and competent, fully informed as to the contents of this

document, and understand the full import of this grant of powers to my health care agent.

This the _____ day of ______________, 20____.

___________________________________________(SEAL)

I hereby state that the principal, _______________________, being of sound mind, signed (or directed another to

sign on the principal's behalf) the foregoing health care power of attorney in my presence, and that I am not related

to the principal by blood or marriage, and I would not be entitled to any portion of the estate of the principal under

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any existing will or codicil of the principal or as an heir under the Intestate Succession Act, if the principal died on

this date without a will. I also state that I am not the principal's attending physician, nor a licensed health care

provider or mental health treatment provider who is (1) an employee of the principal's attending physician or mental

health treatment provider, (2) an employee of the health facility in which the principal is a patient, or (3) an

employee of a nursing home or any adult care home where the principal resides. I further state that I do not have any

claim against the principal or the estate of the principal.

Date: _____________________________ Witness: __________________________________________________

________________COUNTY, _________________STATE

Sworn to (or affirmed) and subscribed before me this day by ____________________________________________

(type/print name of signer)

_____________________________________________

(type/print name of witness)

_____________________________________________

(type/print name of witness)

Date: ___________________________ _____________________________________________________

(Official Seal) Signature of Notary Public

_________________________________________, Notary Public

Printed or typed name

My commission expires: _________________________________

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