North Carolina Living Will Requirements
Based on North Carolina GS 90-321
Quick Summary
- Document type: Advance Directive for a Natural Death
- 2 witnesses required
- Notarization required
Witness Requirements
North Carolina requires 2 witnesses who are present when you sign your advance directive for a natural death. Witnesses have the following restrictions:
Witness restrictions:
- A witness cannot be related within the third degree to the declarant or to the declarant's spouse
- A witness cannot know or have a reasonable expectation that they would be entitled to any portion of the estate upon the declarant's death
- A witness cannot be the attending physician or a licensed health care provider who is a paid employee of the attending physician
- A witness cannot be a paid employee of a health facility in which the declarant is a patient
- A witness cannot be a paid employee of a nursing home or adult care home in which the declarant resides
- A witness cannot have a claim against any portion of the estate of the declarant at the time of the declaration
- Witnesses must believe the declarant to be of sound mind
When Your Living Will Takes Effect
Your North Carolina living will becomes effective when the following conditions are met:
Terminal Illness
An incurable or irreversible condition that will result in the declarant's death within a relatively short period of time.
Persistent Vegetative State
A condition in which the declarant becomes unconscious and, to a high degree of medical certainty, will never regain consciousness.
Irreversible Condition
A condition resulting in the substantial loss of cognitive ability (including advanced dementia) that, to a high degree of medical certainty, is not reversible.
Important Notes for North Carolina
- North Carolina follows GS 90-321 — Right to Natural Death (Chapter 90, Article 23)
- North Carolina requires BOTH two witnesses AND notarization — do not sign until two witnesses and a notary are all present
- The declaration allows choosing between "may withhold" (permissive) and "shall withhold" (mandatory) for life-prolonging measures
- The declarant can create exceptions regarding artificial nutrition and hydration
- North Carolina uniquely includes "advanced dementia" as a triggering condition
- Copies may be filed with the Advanced Health Care Directive Registry maintained by the NC Secretary of State
- The healthcare power of attorney is a separate document under GS 32A
Where to Get Notarized
- Banks — most offer free notary services for account holders
- UPS Store locations
- Attorney's offices
- Court clerks' offices
- AAA offices — for members
How to Revoke
You can revoke your living will at any time, regardless of your mental state, by:
- Physically destroying the document
- Creating a written revocation
- Verbally expressing your intent to revoke (in the presence of a witness)
Important: This tool provides a template for creating a living will based on your state's general requirements. It is not legal advice and does not replace consultation with a qualified attorney. For complex medical situations, blended families, or significant assets, we recommend having an attorney review your document.