North Carolina 2025 Session Status: Passed House 1 R cosponsors

HB 1115 — General Statutes Commission Advance Health Care Planning Documents.

Last action — Regular Message Received From House

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill has passed the House. Introduced April 29, 2026. It now moves to the second chamber.

Next likely step: consideration and a floor vote in the Senate.

Odds of enactment

Moderate chance

Based on the sponsor, cosponsors, and committee posture, this bill has a moderate chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Advancing 48% · moderate confidence
  • Passed House

    Current position in the legislative process.

  • 1 sponsor

    0 primary, 1 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 R).

  • Cleared a recorded vote

    Passed 1 recorded vote so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

In plain language

The bill addresses advance health care planning documents.

This legislation relates to the creation and management of advance health care planning documents. It aims to clarify procedures and standards for these important documents in health care planning.

What this means for you
  • Families: Families will have better understanding and access to advance health care planning documents, ensuring their loved one's wishes are honored.
  • Healthcare: This means healthcare providers will have clearer guidelines for managing patients' health care preferences.

Bill Text

What changed in the latest version

220 added · 217 removed

Plain-language change summary

The updated version of House Bill 1115 clarifies the conditions under which a health care agent can decide to withhold or discontinue life-prolonging measures for a patient. Specifically, it emphasizes that this authority can only be exercised if the health care agent is given explicit permission in the power of attorney and does not conflict with existing laws regarding anatomical gifts. This change is important because it ensures that patients' wishes regarding end-of-life care are respected while providing clear guidelines for health care agents and physicians.

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GENERAL ASSEMBLY OF NORTH CAROLINA H.B.
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2025 H 1 HOUSE BILL 1115 Short Title:
1115 Apr 29, 2026 SESSION 2025 HOUSE PRINCIPAL CLERK H D HOUSE BILL DRH40645-MVz-36A Short Title:
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
A BILL TO BE ENTITLED AN ACT TO MODIFY THE GENERAL STATUTES REGARDING HEALTH CARE POWERS OF ATTORNEY, ADVANCE HEALTH CARE DIRECTIVES, AND ADVANCE INSTRUCTIONS FOR MENTAL HEALTH TREATMENT BASED, IN PART, ON PROPOSALS IN THE UNIFORM HEALTH-CARE DECISIONS ACT, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION.
Judiciary 1, if favorable, Rules, Calendar, and Operations of the House April 30, 2026 A BILL TO BE ENTITLED AN ACT TO MODIFY THE GENERAL STATUTES REGARDING HEALTH CARE POWERS OF ATTORNEY, ADVANCE HEALTH CARE DIRECTIVES, AND ADVANCE INSTRUCTIONS FOR MENTAL HEALTH TREATMENT BASED, IN PART, ON PROPOSALS IN THE UNIFORM HEALTH-CARE DECISIONS ACT, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION.
Among these proposals is simplifying execution requirements for health carepowersof attorney,advancehealth caredirectives ("living wills"), and advance instructions for mental health treatment.
Among these proposals is simplifying execution requirements forhealth carepowersof attorney, advancehealthcaredirectives ("living wills"), and advance instructions for mental health treatment.
EXPLAIN THE RELATIONSHIP BETWEEN A HEALTH CARE POWER OF ATTORNEYAND OTHERADVANCE HEALTH CARE PLANNING DOCUMENTS SECTION 1A.(a) G.S.
EXPLAIN THE RELATIONSHIP BETWEEN A HEALTH CARE POWER OFATTORNEYAND OTHER ADVANCE HEALTH CARE PLANNINGDOCUMENTS SECTION 1A.(a) G.S.
If no declaration has been executed by the principal as provided in G.S.
If no declaration has been executed bythe principal as provided in G.S.
90-321 that expressly covers the principal's present condition and if the health care agent has been given *DRH40645-MVz-36A* General Assembly Of North Carolina Session 2025 the specific authority in a health care power of attorney to authorize the withholding or discontinuing of life-prolonging measures when the principal is in such that condition, the measures may be withheld or discontinued as provided in the health care power of attorney upon the direction and under the supervision of the attending physician, as G.S.
90-321 *H1115-v-1* General Assembly Of North Carolina Session 2025 that expressly covers the principal's present condition and if the health care agent has been given the specific authority in a health care power of attorney to authorize the withholding or discontinuing of life-prolonging measures when the principal is in such that condition, the measures may be withheld or discontinued as provided in the health care power of attorney upon the direction and under the supervision of the attending physician, as G.S.
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 acknowledged before a notary public, pursuant to which and that appoints an attorney-in-fact or agent is appointed to act for the principal in matters relating to the health care of the principal.
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 acknowledged before a notarypublic, pursuant to which and that appoints an attorney-in-fact or agent is appointed to act for the principal in matters relating to the health Page 2 House Bill 1115-First Edition General Assembly Of North Carolina Session 2025 care of the principal.
The notary who takes the acknowledgement may but is Page 2 DRH40645-MVz-36A General Assembly Of North Carolina Session 2025 not required to be a paid employee of the attending physician or mental health treatment provider, a paid employee of a health facility in which the principal is a patient, or a paid employee of a nursing home or any adult care home in which the principal resides.
The notary who takes the acknowledgement may but is not required to be a paid employee of the attending physician or mental health treatment provider, a paid employee of a health facility in which the principal is a patient, or a paid employee of a nursing home or any adult care home in which the principal resides.
Life-prolonging measures do not include care necessary to provide comfort or to alleviate pain.
Life-prolonging measures do not include care necessaryto provide comfort or to alleviate pain.
A health care agent's decisions about mental health treatment shall be consistent with any statements the principal has expressed in an advance instruction for mental health treatment under Part 2 of Article 3 of Chapter 122C of the General Statutes, if one so exists, and if none exists, shall be consistent with what the agent believes in good faith to be the manner in which the principal would act if the principal did not lack capacity to make or communicate health care decisions.
A health care agent's decisions about mental health treatment shall be consistent with any statements the principal has expressed in an advance instruction for mental health treatment under Part 2 of Article 3 of Chapter 122C of the General Statutes, if one so exists, and if none exists, shall be consistent with what the agent believes in good faith to be the manner in which the principal would act if the principal did not lack capacity to make or House Bill 1115-First Edition Page 3 General Assembly Of North Carolina Session 2025 communicate health care decisions.
A health care agent is not subject to criminal prosecution, DRH40645-MVz-36A Page 3 General Assembly Of North Carolina Session 2025 civil liability, or professional disciplinary action for any action taken in good faith pursuant to an advance instruction for mental health treatment.
A health care agent is not subject to criminal prosecution, civil liability, or professional disciplinary action for any action taken in good faith pursuant to an advance instruction for mental health treatment.
provided this remains, so long as this authority is limited to incurring reasonable costs related to exercising these powers, and a health care power of attorney does not give the health care agent general authority over a principal's property or financial affairs.powers.
provided this remains, so long as this authorityis limited to incurring reasonable costs related to exercising these powers, and a health care power of attorney does not give the health care agent general authority over a principal's property or financial affairs.powers.
(c) Ahealth carepowerofattorneymaycontain,andtheauthority ofthehealth careagent shall be is subject to, the specific limitations or restrictions as the principal deems appropriate.
(c) Ahealth carepowerofattorneymaycontain,andtheauthorityofthehealth careagent shall be is subject to, the specific limitations or restrictions as the principal deems appropriate.
Page 4 DRH40645-MVz-36A General Assembly Of North Carolina Session 2025 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.
Page 4 House Bill 1115-First Edition General Assembly Of North Carolina Session 2025 Subject to any restrictions set forth in Section 5 below, I grant to myhealth care agent full power and authorityto make and carryout all health care decisions for me.
your own definition of when life-prolonging measures should be withheld or discontinued, or instructions to refuse any specific types of DRH40645-MVz-36A Page 5 General Assembly Of North Carolina Session 2025 treatment that are inconsistent with your religious beliefs, beliefs or are unacceptable to you for any other reason.) __________________________________________________ __________________________________________________ NOTE:
your own definition of when life-prolonging measures should be withheld or discontinued, or instructions to refuse any specific types of House Bill 1115-First Edition Page 5 General Assembly Of North Carolina Session 2025 treatment that are inconsistent with your religious beliefs, beliefs or are unacceptable to you for any other reason.) __________________________________________________ __________________________________________________ NOTE:
Nopersonwhoreliesingoodfaithupontheauthorityoforanyrepresentations by my health care agent shall be is liable to me, my estate, my heirs, successors, assigns, or personal representatives, representatives for actions or omissions in reliance on that authority or those representations.
Nopersonwhoreliesin goodfaithupontheauthorityoforanyrepresentations by my health care agent shall be is liable to me, my estate, my heirs, successors, assigns, or personal representatives, representatives for actions or omissions in reliance on that authority or those representations.
Jurisdiction, Severability,andDurability.This HealthCarePower ofAttorney is intended to be valid in any jurisdiction in which it is presented.
Jurisdiction, Severability, andDurability.This HealthCarePower ofAttorney is intended to be valid in any jurisdiction in which it is presented.
Page 6 DRH40645-MVz-36A General Assembly Of North Carolina Session 2025 E.
Page 6 House Bill 1115-First Edition General Assembly Of North Carolina Session 2025 E.
I also state that I am not the principal's attending physician, nor physician or mental health treatment provider and that I am not 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 also state that I am not the principal's attending physician, nor physician or mental health treatment provider and that I am not 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 facilityin which the principal is a patient, or (3) an employee of a nursing home or any adult care home where the principal resides.
(1) A health care power of attorney prepared pursuant to Article 3 of Chapter 32A of the General Statutes.
(1) A health care power of attorneyprepared pursuant to Article 3 of Chapter 32A of the General Statutes.
DRH40645-MVz-36A Page 7 General Assembly Of North Carolina Session 2025 (2) An advance instruction for mental health treatment prepared pursuant to Part 2 of Article 3 of Chapter 122C of the General Statutes.
House Bill 1115-First Edition Page 7 General Assembly Of North Carolina Session 2025 (2) An advance instruction for mental health treatment prepared pursuant to Part 2 of Article 3 of Chapter 122C of the General Statutes.
then the life-prolonging measures identified by the declarant shall or may, as specified by the declarant, be withheld or discontinued upon the direction and under the supervision of the attending physician.
then the life-prolonging measures identified bythe declarant shall or may, as specified bythe declarant, be withheld or discontinued upon the direction and under the supervision of the attending physician.
The declarant has an incurable or irreversible condition that will result in the declarant's death within a relatively short period of time;
The declarant has an incurable or irreversible condition that will result in the declarant's death within a relativelyshort period of time;
90-321.1, that it has been signed by the declarant in thepresenceoftwowitnesses whobelievethedeclarant to beofsound mind and who state that they (i) are not related within the third degree to the declarant or to the declarant's spouse, by blood, marriage, or adoption, (ii) do not know or have a reasonable expectation that they would be entitled to any Page 8 DRH40645-MVz-36A General Assembly Of North Carolina Session 2025 portion of the estate of the declarant upon the declarant's death under any will of the declarant or codicil thereto to any will then existing or under the Intestate Succession Act as it then provides, Act, Chapter 29 of the General Statutes, (iii) are not the attending physician, licensed health care providers whoarepaid employees oftheattending 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;
90-321.1, that it has been signed by the declarant in thepresenceoftwowitnesses whobelievethedeclarant to beofsound mind and who state that they (i) are not related within the third degree to the declarant or to the declarant's spouse, by blood, marriage, or adoption, (ii) do not know or have a reasonable expectation that they would be entitled to any Page 8 House Bill 1115-First Edition General Assembly Of North Carolina Session 2025 portion of the estate of the declarant upon the declarant's death under any will of the declarant or codicil thereto to any will then existing or under the Intestate Succession Act as it then provides, Act, Chapter 29 of the General Statutes, (iii) are not the attending physician, licensed health care providers whoarepaid employees oftheattendingphysician,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;
I Want this Directive to be Effective Anywhere I intend that this Advance Directive be followed by any health care provider in any place.
I Want this Directive to be Effective Anywhere I intend that this Advance Directive be followed by anyhealth care provider in any place.
… DRH40645-MVz-36A Page 9 General Assembly Of North Carolina Session 2025 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 my presence, and that I am not related to the declarant by blood or marriage, blood, marriage, or adoption, and I would 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, Chapter 29 of the General Statutes, if the declarant died on this date without a will.
… House Bill 1115-First Edition Page 9 General Assembly Of North Carolina Session 2025 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 my presence, and that I am not related to the declarant by blood or marriage, blood, marriage, or adoption, and I would 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, Chapter 29 of the General Statutes, if the declarant died on this date without a will.
These protections are not limited to declarations prepared in accordancewith thestatutoryform providedin subsection (d1)ofthis section, section or to declarations filed with the Advance Health Care Directive Registry maintained by the Secretary of State.
These protections are not limited to declarations prepared in accordancewith thestatutoryformprovidedin subsection(d1)ofthis section, section or to declarations filed with the Advance Health Care Directive Registry maintained by the Secretary of State.
… (j) Theform provided by this sectionmay be combinedwith orincorporated intoahealth care power of attorney form meeting the requirements of Article 3 of Chapter 32A of the General Statutes;
… (j) Theform provided bythis sectionmaybe combinedwith orincorporated intoahealth care power of attorneyform meeting the requirements of Article 3 of Chapter 32A of the General Statutes;
An attendingphysicianwho declinestohonoradeclarationonthesegrounds must shall not interfere, interfere and must shall reasonably cooperate reasonably, with efforts to either substitute an attending physician whose conscience would not be violated by honoring the declaration, declaration or transfer the Page 10 DRH40645-MVz-36A General Assembly Of North Carolina Session 2025 declaranttoafacilitythatdoesnothavepoliciesinforcethatprohibithonoring the declaration.
An attendingphysicianwho declinestohonoradeclarationonthese groundsmust shall not interfere, interfere and must shall reasonably cooperate reasonably, with efforts to either substitute an attending physician whose conscience would not be violated by honoring the declaration, declaration or transfer the Page 10 House Bill 1115-First Edition General Assembly Of North Carolina Session 2025 declaranttoafacilitythatdoesnothavepoliciesinforcethatprohibithonoring the declaration.
Has Either the person has an incurable or irreversible condition that will result in the person's death within a relatively short period of time;
Has Either the person has an incurable or irreversible condition that will result in the person's death within a relativelyshort period of time;
However, if the patient has a health care agent appointed pursuant to a valid health care power of attorney, the health care agent shall have has the right to exercisethe authorityto theextentgrantedin thehealth carepower of attorney and to the extent providedin G.S.
However, if the patient has a health care agent appointed pursuant to a valid health care power of attorney, the health care agent shall have has the right to exercisethe authorityto theextentgrantedin thehealthcarepower of attorney and to the extentprovidedin G.S.
DRH40645-MVz-36A Page 11 General Assembly Of North Carolina Session 2025 (4) The patient's spouse.
House Bill 1115-First Edition Page 11 General Assembly Of North Carolina Session 2025 (4) The patient's spouse.
(6a) A majority of the patient's reasonably available grandparents or grandchildren who are at least 18 years of age.
(6a) A majorityof the patient's reasonablyavailable grandparents or grandchildren who are at least 18 years of age.
As used in this subdivision, "supported decisionmaking" means assistancethat is provided by oneormore individuals of the patient's choosing and that helps the patient make or communicate a decision, including by helping the patient understand the nature and consequences of the decision.
As used in this subdivision, "supported decisionmaking"means assistancethat is provided byoneormore individuals of the patient's choosing and that helps the patient make or communicate a decision, including by helping the patient understand the nature and consequences of the decision.
Page 12 DRH40645-MVz-36A General Assembly Of North Carolina Session 2025 (a) An advance instruction for mental health treatment may be combined with a general power of attorney prepared pursuant to Chapter 32C of the General Statutes or any other advance health care planning document, such as:
Page 12 House Bill 1115-First Edition General Assembly Of North Carolina Session 2025 (a) An advance instruction for mental health treatment may be combined with a general power of attorneyprepared pursuant to Chapter 32C of the General Statutes or any other advance health care planning document, such as:
(1) A health care power of attorney prepared pursuant to Article 3 of Chapter 32A of the General Statutes.
(1) A health care power of attorneyprepared pursuant to Article 3 of Chapter 32A of the General Statutes.
DRH40645-MVz-36A Page 13 General Assembly Of North Carolina Session 2025 b.
House Bill 1115-First Edition Page 13 General Assembly Of North Carolina Session 2025 b.
NATURE AFFIRMATION OF WITNESSES Page 14 DRH40645-MVz-36A General Assembly Of North Carolina Session 2025 I hereby state affirm that the principal is personally known to me, that the principal signed or acknowledged the principal's signature on this advance instruction for mental health treatment in my presence, that the principal appears to be of sound mind and not under duress, fraud, or undue influence, and that I am not:not any of the following:
NATURE AFFIRMATION OF WITNESSES Page 14 House Bill 1115-First Edition General Assembly Of North Carolina Session 2025 I hereby state affirm that the principal is personally known to me, that the principal signed or acknowledged the principal's signature on this advance instruction for mental health treatment in mypresence, that the principal appears to be of sound mind and not under duress, fraud, or undue influence, and that I am not:not any of the following:
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AFFIRMATION OF WITNESSES We affirm that the principal is personally known to us, that the principal signed or acknowledged the principal's signature on this advance instruction for mental health treatment in our presence, that the principal appears to be of sound mind and not under duress, fraud, or undue influence, and that neither of us is:
AFFIRMATION OF WITNESSES We affirm that the principal is personallyknown to us, that the principal signed or acknowledged the principal's signature on this advance instruction for mental health treatment in our presence, that the principal appears to be of sound mind and not under duress, fraud, or undue influence, and that neither of us is:
Theprincipal's attending physicianormental healthserviceproviderora relativeofthephysician or provider;
Theprincipal's attending physician ormental healthserviceproviderora relativeofthephysician or provider;
CERTIFICATION OF NOTARY PUBLIC STATE OF NORTH CAROLINA COUNTY OF DRH40645-MVz-36A Page 15 General Assembly Of North Carolina Session 2025 I, __________________________, a Notary Public for the County cited above in the State of North Carolina, hereby certify that ____________________ appeared before me and swore or affirmed to me and to the witnesses in my presence that this instrument is an advance instruction for mental health treatment, and that he/she willingly and voluntarily made and executed it as his/her free act and deed for the purposes expressed in it.
CERTIFICATION OF NOTARY PUBLIC STATE OF NORTH CAROLINA COUNTY OF House Bill 1115-First Edition Page 15 General Assembly Of North Carolina Session 2025 I, __________________________, a Notary Public for the County cited above in the State of North Carolina, hereby certify that ____________________ appeared before me and swore or affirmed to me and to the witnesses in my presence that this instrument is an advance instruction for mental health treatment, and that he/she willingly and voluntarily made and executed it as his/her free act and deed for the purposes expressed in it.
To be valid, this advance instruction must be signed by two qualified witnesses, personally known to you, witnesses who are present when you Page 16 DRH40645-MVz-36A General Assembly Of North Carolina Session 2025 sign or acknowledge your signature.
To be valid, this advance instruction must be signed bytwo qualified witnesses, personallyknown to you, witnesses who are present when you Page 16 House Bill 1115-First Edition General Assembly Of North Carolina Session 2025 sign or acknowledge your signature.
A reasonable person, from the information provided by the health care provider under the circumstances, would have a general understanding of the procedures or treatments and of the usual and most frequent risks and hazards inherent in the proposed procedures or treatments which treatments, and these procedures or treatments are recognized and followed by other health care providers engaged in the same field of practice in the same or similar communities;
A reasonable person, from the information provided bythe health care provider under the circumstances, would have a general understanding of the procedures or treatments and of the usual and most frequent risks and hazards inherent in the proposed procedures or treatments which treatments, and these procedures or treatments are recognized and followed by other health care providers engaged in the same field of practice in the same or similar communities;
(b) A consent which that is evidenced in writing and which writing, meets the foregoing standards, standards of subsection (a) of this section, and which is signed by the patient who has capacity to makeand communicatehealthcaredecisions orotheranotherauthorized person,shall be person is presumed to be a valid consent.
(b) A consent which that is evidenced in writing and which writing, meets the foregoing standards, standards of subsection (a) of this section, and which is signed by the patient who has capacityto makeand communicatehealthcaredecisions orotheranotherauthorized person,shall be person is presumed to be a valid consent.
This presumption, however, may be presumption is DRH40645-MVz-36A Page 17 General Assembly Of North Carolina Session 2025 subject to rebuttal only upon proof that such the consent was obtained by fraud, deception deception, or misrepresentation of a material fact.
This presumption, however, may be presumption is House Bill 1115-First Edition Page 17 General Assembly Of North Carolina Session 2025 subject to rebuttal only upon proof that such the consent was obtained by fraud, deception deception, or misrepresentation of a material fact.
However, if the patient has a health care agent appointed pursuant to a valid health care power of attorney, the health care agent shall have has the right to exercisethe authorityto theextentgrantedin thehealth carepower of attorney and to the extentprovidedin G.S.
However, if the patient has a health care agent appointed pursuant to a valid health care power of attorney, the health care agent shall have has the right to exercisethe authorityto theextentgrantedin thehealthcarepower of attorney and to the extentprovidedin G.S.
(6a) A majority of the patient's reasonably available grandparents or grandchildren who are at least 18 years of age.
(6a) A majorityof the patient's reasonablyavailable grandparents or grandchildren who are at least 18 years of age.
As used in this subdivision, "supported decisionmaking" means assistancethat is providedbyoneormore individuals of the patient's choosing and that helps the patient make or communicate a decision, including by helping the patient understand the nature and consequences of the decision.
As used in this subdivision, "supported decisionmaking"means assistancethat is providedbyoneormore individuals of the patient's choosing and that helps the patient make or communicate a decision, including by helping the patient understand the nature and consequences of the decision.
(c1) If none of the persons listed under subsection (c) of this section is reasonably available, then the patient's attending physician, in the attending physician's discretion, may provide health care treatment without the consent of the patient or other person authorized to consent for the patient if there is confirmation by a physician other than the patient's attending physicianofthepatient's condition andthenecessity fortreatment;
(c1) If none of the persons listed under subsection (c) of this section is reasonably available, then the patient's attending physician, in the attending physician's discretion, may provide health care treatment without the consent of the patient or other person authorized to consent for the patient if there is confirmation by a physician other than the patient's attending physician ofthepatient's condition andthenecessityfor treatment;
Page 18 DRH40645-MVz-36A General Assembly Of North Carolina Session 2025 (c2) In order to establish the authority of a person listed in subsection (c) of this section, the attending physician may request and rely upon a statement from the person affirming the person's status under subsection (c) of this section.
Page 18 House Bill 1115-First Edition General Assembly Of North Carolina Session 2025 (c2) In order to establish the authority of a person listed in subsection (c) of this section, the attending physician may request and rely upon a statement from the person affirming the person's status under subsection (c) of this section.
(d) No action may shall be maintained against any health care provider upon any based on a guarantee, warranty warranty, or assurance as to the result of any medical, surgical surgical, or diagnostic procedure or treatment unless the guarantee, warranty warranty, or assurance, or some note or memorandum thereof, shall be of it, is in writing and signed by the provider or by some other another person authorized to act for or on behalf of such the provider.
(d) No action may shall be maintained against any health care provider upon any based on a guarantee, warranty warranty, or assurance as to the result of anymedical, surgical surgical, or diagnostic procedure or treatment unless the guarantee, warranty warranty, or assurance, or some note or memorandum thereof, shall be of it, is in writing and signed by the provider or by some other another person authorized to act for or on behalf of such the provider.
SIMPLIFYEXECUTION REQUIREMENTS FORAHEALTH CARE POWER OF ATTORNEY AND AN ADVANCE DIRECTIVE ("LIVING WILL") SECTION 2.1.(a) G.S.
SIMPLIFY EXECUTION REQUIREMENTS FORAHEALTH CARE POWER OF ATTORNEY AND AN ADVANCE DIRECTIVE ("LIVING WILL") SECTION 2.1.(a) G.S.
The notary who takes the acknowledgement may but is not required to be a paid employee of the attending physician or mental health treatment provider, a paid employee of a health facility in which the principal is a patient, or a paid employee of a nursing home or any adult care home in which the principal resides." SECTION 2.1.(b) G.S.
The notarywho takes the acknowledgement maybut is not required to be a paid employee of the attending physician or mental health treatment provider, a paid employee of a health facility in which the principal is a patient, or a paid employee of a nursinghome or anyadult care home in which the principal resides." SECTION 2.1.(b) G.S.
DRH40645-MVz-36A Page 19 General Assembly Of North Carolina Session 2025 2 This document gives the person you designate as your health care agent broad powers to make healthcaredecisionsforyouwhenyoucannotmakethedecisionyourselfor cannotcommunicate your decision to other people.
House Bill 1115-First Edition Page 19 General Assembly Of North Carolina Session 2025 2 This document gives the person you designate as your health care agent broad powers to make healthcaredecisionsforyouwhenyoucannotmakethedecisionyourselfor cannotcommunicate your decision to other people.
___________________________ (Signature of witness) Page 20 DRH40645-MVz-36A General Assembly Of North Carolina Session 2025 _________________________ (type/print name of witness) Date:
___________________________ (Signature of witness) Page 20 House Bill 1115-First Edition General Assembly Of North Carolina Session 2025 _________________________ (type/print name of witness) Date:
It has been signed by the declarant in the presence of two witnesses who believe the declarant to be of sound mind and who state that they (i) are not related to the declarant by blood, marriage, or adoption, (ii) do not know or have a reasonable expectation that they would be entitledtoanyportionoftheestateofthedeclarant uponthedeclarant's deathunderanywillofthedeclarant orcodiciltoanywillthenexisting or under the Intestate Succession Act, Chapter 29 of the General Statutes, (iii) are not the attending physician, licensed health care providers who are paid employees of the attending physician, paid employees of a health 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;
It has been signed by the declarant in the presence of two witnesses who believe the declarant to be of sound mind and who state that they (i) are not related to the declarant by blood, marriage, or adoption, (ii) do not know or have a reasonable expectation that they would be entitledtoanyportionoftheestateofthedeclarant uponthedeclarant's deathunderanywillofthedeclarant orcodiciltoanywillthenexisting or under the Intestate Succession Act, Chapter 29 of the General Statutes, (iii) are not the attending physician, licensed health care providers who are paid employees of the attending physician, paid employees of a health facility in which the declarant is a patient, or paid employees of a nursing home or anyadult 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;
A notary who takes the acknowledgement may but DRH40645-MVz-36A Page 21 General Assembly Of North Carolina Session 2025 is not required to be a paid employee of the attending physician, a paid employee of a health facility in which the declarant is a patient, or a paid employee of a nursing home or any adult care home in which the declarant resides." SECTION 2.2.(b) G.S.
A notarywho takes the acknowledgement maybut House Bill 1115-First Edition Page 21 General Assembly Of North Carolina Session 2025 is not required to be a paid employee of the attending physician, a paid employee of a health facility in which the declarant is a patient, or a paid employee of a nursing home or any adult care home in which the declarant resides." SECTION 2.2.(b) G.S.
YOU SHOULD USE THIS DOCUMENT TO GIVE YOUR HEALTH CARE PROVIDERS INSTRUCTIONS TO WITHHOLD OR WITHDRAW LIFE-PROLONGING MEASURES IN CERTAIN SITUATIONS.THERE IS NOLEGAL REQUIREMENT THAT ANYONE EXECUTE A LIVING WILL.
YOU SHOULD USE THIS DOCUMENT TO GIVE YOUR HEALTH CARE PROVIDERS INSTRUCTIONS TO WITHHOLD OR WITHDRAW LIFE-PROLONGING MEASURES IN CERTAIN SITUATIONS.
THERE IS NO LEGAL REQUIREMENT THAT ANYONE EXECUTE A LIVING WILL.
This Living Willform isintended to bevalidin anyjurisdictionin whichit ispresented,but places outside North Carolina may impose requirements that this form does not meet.
This Living Will 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 my presence, and that I am not related to the declarant by blood, marriage, or adoption, Page 22 DRH40645-MVz-36A General Assembly Of North Carolina Session 2025 and I would not be entitled to any portion of the estate of the declarant under any existing will or codicil ofthedeclarant or as an heirunderthe IntestateSuccessionAct, Chapter29oftheGeneral Statutes, if the declarant died on this date without a 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 my presence, and that I am not related to the declarant by blood, marriage, or adoption, Page 22 House Bill 1115-First Edition General Assembly Of North Carolina Session 2025 and I would not be entitled to any portion of the estate of the declarant under any existing will or codicil ofthedeclarant or as an heirunderthe IntestateSuccessionAct, Chapter29oftheGeneral Statutes, if the declarant died on this date without a will.
This act does not affect the validity of a health care DRH40645-MVz-36A Page 23 General Assembly Of North Carolina Session 2025 power of attorney, an advance directive, or an advance instruction for mental health treatment executed prior to the effective date of this act.
This act does not affect the validity of a health care House Bill 1115-First Edition Page 23 General Assembly Of North Carolina Session 2025 power of attorney, an advance directive, or an advance instruction for mental health treatment executed prior to the effective date of this act.
Page 24 DRH40645-MVz-36A
Page 24 House Bill 1115-First Edition
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Action History

  1. Regular Message Received From House

  2. Passed 1st Reading

  3. Ref To Com On Rules and Operations of the Senate

  4. Regular Message Sent To Senate

  5. Passed 2nd Reading

  6. Passed 3rd Reading

  7. Reptd Fav

  8. Cal Pursuant Rule 36(b)

  9. Placed On Cal For 06/03/2026

  10. Withdrawn From Cal

  11. Placed On Cal For 06/09/2026

  12. Reptd Fav

  13. Re-ref Com On Rules, Calendar, and Operations of the House

  14. Passed 1st Reading

  15. Ref to the Com on Judiciary 1, if favorable, Rules, Calendar, and Operations of the House

  16. Filed

Sponsors

Sponsorship breakdown

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0 sponsors · 1 co-sponsors · 178 not signed on

Sponsors (0)

None.

Co-sponsors (1)

Not signed on (178)

178 members have not signed on to this bill.

Show all 178 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Second Reading

Passed 115 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Democratic 44000
Unaffiliated 6001
Republican 63004
Total 113005
% of votes cast 96%0%0%4%
How each member voted (118)
Member Party Vote
CharlesSmith — Yea
vonHaefen — Yea
Campbell — Yea
Reeder — Yea
JohnLowery — Not Voting
C. Smith — Yea
F. Jackson — Yea
Abe Jones Democratic Yea
Aisha O. Dew Democratic Yea
Allen Buansi Democratic Yea
Allison A. Dahle Democratic Yea
Amanda P. Cook Democratic Yea
Amber M. Baker Democratic Yea
Amos L. Quick, III Democratic Yea
B. Ray Jeffers Democratic Yea
Becky Carney Democratic Yea
Beth Helfrich Democratic Yea
Brandon Lofton Democratic Yea
Brian Turner Democratic Yea
Bryan Cohn Democratic Yea
Carolyn G. Logan Democratic Yea
Cynthia Ball Democratic Yea
Dante Pittman Democratic Yea
Deb Butler Democratic Yea
Eric Ager Democratic Yea
Garland E. Pierce Democratic Yea
Gloristine Brown Democratic Yea
James Roberson Democratic Yea
Jordan Lopez Democratic Yea
Julia Greenfield Democratic Yea
Kanika Brown Democratic Yea
Laura Budd Democratic Yea
Lindsey Prather Democratic Yea
Marcia Morey Democratic Yea
Maria Cervania Democratic Yea
Mary Belk Democratic Yea
Mike Colvin Democratic Yea
Monika Johnson-Hostler Democratic Yea
Phil Rubin Democratic Yea
Pricey Harrison Democratic Yea
Renée A. Price Democratic Yea
Robert T. Reives, II Democratic Yea
Rodney D. Pierce Democratic Yea
Sarah Crawford Democratic Yea
Shelly Willingham Democratic Yea
Terry M. Brown Jr. Democratic Yea
Tim Longest Democratic Yea
Tracy Clark Democratic Yea
Vernetta Alston Democratic Yea
Ya Liu Democratic Yea
Zack Hawkins Democratic Yea
A. Reece Pyrtle, Jr. Republican Yea
Allen Chesser Republican Yea
Anna Ferguson Republican Yea
Ben T. Moss, Jr. Republican Yea
Bill Ward Republican Yea
Blair Eddins Republican Yea
Brenden H. Jones Republican Yea
Brian Biggs Republican Yea
Brian Echevarria Republican Yea
Celeste C. Cairns Republican Yea
Charles W. Miller Republican Yea
Chris Humphrey Republican Yea
Cody Huneycutt Republican Yea
David Willis Republican Not Voting
Dean Arp Republican Yea
Dennis Riddell Republican Yea
Destin Hall Republican Yea
Diane Wheatley Republican Yea
Donna McDowell White Republican Yea
Donnie Loftis Republican Yea
Donny Lambeth Republican Yea
Dudley Greene Republican Yea
Edward C. Goodwin Republican Yea
Erin Paré Republican Yea
Frank Iler Republican Yea
Harry Warren Republican Yea
Heather H. Rhyne Republican Yea
Howard Penny, Jr. Republican Yea
Hugh Blackwell Republican Yea
Jay Adams Republican Yea
Jeff Zenger Republican Yea
Jeffrey C. McNeely Republican Yea
Jennifer Balkcom Republican Yea
Jerry "Alan" Branson Republican Yea
Jimmy Dixon Republican Yea
John A. Torbett Republican Yea
John M. Blust Republican Yea
John R. Bell, IV Republican Yea
John Sauls Republican Not Voting
Jonathan L. Almond Republican Yea
Joseph Pike Republican Yea
Julia C. Howard Republican Yea
Karl E. Gillespie Republican Yea
Keith Kidwell Republican Yea
Kelly E. Hastings Republican Yea
Kyle Hall Republican Yea
Larry C. Strickland Republican Yea
Larry W. Potts Republican Yea
Mark Brody Republican Yea
Mark Pless Republican Yea
Matthew Winslow Republican Yea
Mike Schietzelt Republican Yea
Mitchell S. Setzer Republican Yea
Neal Jackson Republican Yea
Paul Scott Republican Yea
Phil Shepard Republican Yea
Ray Pickett Republican Yea
Sam Watford Republican Yea
Sarah Stevens Republican Yea
Stephen M. Ross Republican Yea
Steve Tyson Republican Yea
Ted Davis, Jr. Republican Yea
Todd Carver Republican Yea
Todd Johnson Republican Not Voting
Tricia Ann Cotham Republican Yea
William D. Brisson Republican Not Voting
Wyatt Gable Republican Yea

Official roll call →

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors HB 1115?
HB 1115 is sponsored by Ted Davis, Jr. (Republican).
What is the current status of HB 1115?
This bill has passed the House. Introduced April 29, 2026. It now moves to the second chamber.
Where can I track HB 1115?
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