HB 349 — Modify Health Care Powers of Attorney/Advance Directives.

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2025 H 21 HOUSE BILL 349 Committee Substitute Favorable 3/25/25 Short Title:

Representatives Huneycutt, Potts, Cunningham, and Campbell (Primary Sponsors).

For a complete list of sponsors, refer to the North Carolina General Assembly web site.

Health, if favorable, Judiciary 2, if favorable, Rules, Calendar, and Operations of the House March 11, 2025 A BILL TO BE ENTITLED AN ACT UPDATING REQUIREMENTS FOR HEALTH CARE POWERS OF ATTORNEY AND ADVANCE HEALTH CARE DIRECTIVES;

*H349-v-1* General Assembly Of North Carolina Session 2025 EXPLANATION:

However, you are not required to use this form, and North Carolina law allows the use of other forms that meet *H349-v-2* General Assembly Of North Carolina Session 2025 certain requirements.

48 This document gives the person you designate as your health care agent broad powers to make healthcaredecisionsforyouwhenyoucannotmakethedecisionyourselfor cannotcommunicate your decision to other people.

Page 2 House Bill 349-First Edition General Assembly Of North Carolina Session 2025 2 Box #1 If you elect to have your declaration witnessed, complete the following section:

Page5 2 House Bill 349-Second Edition General Assembly Of North Carolina Session 2025 Date:

___________________________ (Signature7 of witness) 4 _________________________ (type/print name of witness) Date:

___________________________ (Signature9 ________________COUNTY, _________________STATE Sworn to (or affirmed) and subscribed before me this day by _____________________ (type/print name of witness)signer) 9______________________ _________________________(type/print name of witness) ______________________ (type/print name of witness) Box #2 If you elect to have your declaration notarized, have the following section completed by a qualified notary public:

________________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:

House Bill 349-Second Edition Page 3 General Assembly Of North Carolina Session 2025 "(1a) Declaration.

House Bill 349-First Edition Page 3 General Assembly Of North Carolina Session 2025 "(d1) The following form is specifically determined to meet the requirements of subsection (c) of this section:

84 ADVANCE DIRECTIVE FOR A NATURAL DEATH ("LIVING WILL") 6 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.

… 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 mypresence, and that Iam not relatedto thedeclarant bybloodorbyblood 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.

I also state that I am not the declarant's attending physician, nor a licensed health care provider who is (1) an employee of the declarant's attending physician, (2) nor an employee of the health facility in which the declarant is a patient, or (3) an employee of a nursing home or Page 4 House Bill 349-Second Edition General Assembly Of North Carolina Session 2025 any adult care home where the declarant resides.

4 Box #1 Page 4 House Bill 349-First Edition General Assembly Of North Carolina Session 2025 If you elect to have your declaration witnessed, complete the following section:

73 Date:

___________________________ (Signature5 of witness) _________________________ (type/print name of witness) Date:

___________________________ (Signature7 ________________COUNTY, _________________STATE 9 Sworn to (or affirmed) and subscribed before me this day by _____________________ (type/print name of declarant) ________________________ (type/print name of witness) _________________________________________________ (type/print name of witness) Box #2 If you elect to have your declaration notarized, have the following section completed by a qualified notary public:

________________COUNTY, _________________STATE Sworn to (or affirmed) and subscribed before me this day by _____________________ (type/print name of declarant) ________________________ (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:

House Bill 349-Second Edition Page 5 General Assembly Of North Carolina Session 2025 (2) A declaration of a desire for a natural death under Article 23 of Chapter 90 of the General Statutes.

House Bill 349-First Edition Page 5 General Assembly Of North Carolina Session 2025 (c) The document may be submitted for filing only by the person who executed 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.

Page 6 House Bill 349-Second349-First Edition