SB 147 — Update Reqs./Advance Health Care Directives.

FILED SENATE GENERAL ASSEMBLY OF NORTH CAROLINA FebSESSION 22, 2023 S.B.S 1 SENATE BILL 147 Short Title:

147 SESSION 2023 PRINCIPAL CLERK S D SENATE BILL DRS45065-MG-76 Short Title:

Rules and Operations of the Senate February 23, 2023 A BILL TO BE ENTITLED AN ACT UPDATING REQUIREMENTS FOR HEALTH CARE POWERS OF ATTORNEY AND ADVANCE HEALTH CARE DIRECTIVES;

32A-16.1, a written instrument that substantially meets the requirements of this Article, that is signed in the presence of two qualified witnesses, and witnesses or acknowledged before a notarynotarypublic, public, pursuant to which an attorney-in-fact or agent is appointed to act for the principal in matters relating to the health care of the principal.

However, you are not required to use this form, and North Carolina law allows the use of other forms that meet *DRS45065-MG-76**S147-v-1* General Assembly Of North Carolina Session 2023 certain requirements.

________________________(SEAL)(SIGNATURE) 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 any existing will or codicil of the principal oras an heirunderthe IntestateSuccessionAct,Intestate iftheprincipalSuccessionAct, diedonthisiftheprincipaldied on this datewithout 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 facilityfacilityin in which the principal is a patient, or (3) an employee of a nursing home or any adult care home where the principal resides.

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90-321.1, that has been signed by the declarant in the presence of a notary public or two witnesses who believe the declarant to be of sound mind and who state that they (i) are not related within the third degree to the declarant or to the declarant's spouse, (ii) do not know or have a reasonable expectation that they would be entitled to any portion of the estate of the declarant upon the declarant's death under any will of the declarant or codicil thereto then existing or under the Intestate Succession Act as it then provides, (iii) are not the attending physician, licensed health care providers whoarepaid employees oftheattendingoftheattendingphysician,paid physician,paid employees ofahealth facility in which the declarant is a patient, or paid employees of a nursing home or any adult care home in which the declarant resides, and (iv) do not have a claim against any portion of the estate of the declarant at the time of the declaration;

ADVANCE DIRECTIVE FOR A NATURAL DEATH ("LIVING WILL") DRS45065-MG-76Senate Bill 147-First Edition Page 3 General Assembly Of North Carolina Session 2023 2 NOTE:

YOU SHOULD USE THIS DOCUMENT TO GIVE YOUR HEALTH CARE PROVIDERS INSTRUCTIONS TO WITHHOLD OR WITHDRAW LIFE-PROLONGING MEASURES IN CERTAIN SITUATIONS.THERESITUATIONS. IS NOLEGAL REQUIREMENT THAT ANYONE EXECUTE A LIVING WILL.

THERE IS NO LEGAL REQUIREMENT THAT ANYONE EXECUTE A LIVING WILL.

This Living WillformWill form isintended to bevalidin anyjurisdictionin whichit ispresented,but places outside North Carolina may impose requirements that this form does not meet.

… I hereby state that the declarant, ______________________, being of sound mind, signed (or directed another to sign on declarant's behalf) the foregoing Advance Directive for a Natural Death in mymypresence, presence, and that Iam not relatedto thedeclarant bybyblood blood or marriage, and Iwould not be entitled to any portion of the estate of the declarant under any existing will or codicil of the declarant or as an heir under the Intestate Succession Act, if the declarant died on this date without a will.

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_________" PARTIII.ELECTRONICFILINGOFHEALTHCAREPOWERSOFATTORNEYANDPARTIII.ELECTRONICFILINGOFHEALTHCARE POWERSOFATTORNEYAND ADVANCE HEALTH CARE DIRECTIVES WITH THE NORTH CAROLINA SECRETARY OF STATE SECTION 3.1.

(1) A health care power of attorneyattorneyunder under Article 3 of Chapter 32A of the General Statutes.

(e) The document shall be accompanied by any fee required by this Article." DRS45065-MG-76Senate Bill 147-First Edition Page 5 General Assembly Of North Carolina Session 2023 SECTION 3.2.

(b) Upon entering the a reproduced hard copy of a document into the registry database, theSecretaryshallreturntheoriginalhardcopyofthedocumentandawallet-sizecardcontainingtheSecretaryshallreturntheoriginalhardcopyof thedocumentandawallet-sizecardcontaining the document's file number and password to the person who submitted the document.

(c) When the Secretary of State receives a revocation of a document that is filed with the registry and that document's file number and password, or a request to remove that document from theregistrywithout its revocation,theSecretaryshallrevocation,the deletethatdocumentfromSecretaryshall deletethat document from theregistry database.

(d) The Secretary of State's entryentryof of a document into, or removal of a document from, the registry database does not do any of the following:

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