North Carolina HB 349: Modify HC POA/Adv Direct.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 4
HOUSE BILL 349
Committee Substitute Favorable 3/25/25
Senate Health Care Committee Substitute Adopted 5/22/25
Senate Judiciary Committee Substitute Adopted 6/17/26

Short Title: Modify HC POA/Adv Direct. (Public)
Sponsors:
Referred to:
March 11, 2025
*H349-v-4*
A BILL TO BE ENTITLED 1
AN ACT UPDATING REQUIREMENTS FOR HEALTH CARE POWERS OF ATTORNEY 2
AND ADVANCE HEALTH CARE DIRECTIVES AND AUTHORIZING THE 3
SECRETARY OF STATE TO RECEIVE ELECTRONIC FILINGS OF ADVANCE 4
HEALTH CARE DIRECTIVES. 5
The General Assembly of North Carolina enacts: 6
7
PART I. HEALTH CARE POWERS OF ATTORNEY 8
SECTION 1.1. G.S. 32A-16(6) reads as rewritten: 9
"(6) Qualified witness. – Except as provided in G.S. 32A-16.1, a witness in whose 10
presence the principal has executed the health care power of attorney, who 11
believes the principal to be of sound mind, and who states that he or she (i) is 12
meets all of the following criteria: 13
a. The witness is not related within the third degree to the principal nor 14
to the principal's spouse, (ii) does spouse. 15
b. The witness does not know nor have a reasonable expectation that he 16
or she would be entitled to any portion of the estate of the principal 17
upon the principal's death under any existing will or codicil of the 18
principal or under the Intestate Succession Act as it then provides, (iii) 19
provides. 20
c. The witness does not have a claim against any portion of the estate of 21
the principal at the time of the principal's execution of the health care 22
power of attorney. 23
d. The witness is not the attending physician or mental health treatment 24
provider of the principal, nor a licensed health care provider who is a 25
paid employee of the attending physician or mental health treatment 26
provider, nor a paid employee of a health facility in which the principal 27
is a patient, nor a paid employee of a nursing home or any adult care 28
home in which the principal resides, and (iv) does not have a claim 29
against any portion of the estate of the principal at the time of the 30
principal's execution of the health care power of attorney.resides, 31
unless the witness has both (i) received training on recognizing 32
whether the declarant meets the legal requirements for competency to 33
execute the health care power of attorney and (ii) has been designated 34

General Assembly Of North Carolina Session 2025
Page 2 House Bill 349-Fourth Edition
by his or her employer to serve as a witness to the execution of the 1
health care power of attorney." 2
SECTION 1.2. G.S. 32A-25.1(a) reads as rewritten: 3
"(a) The use of the following form in the creation of a health care power of attorney is 4
lawful and, when used, it shall meet the requirements of and be construed in accordance with the 5
provisions of this Article: 6
7
HEALTH CARE POWER OF ATTORNEY 8
9
NOTE: YOU SHOULD USE THIS DOCUMENT TO NAME A PERSON AS YOUR 10
HEALTH CARE AGENT IF YOU ARE COMFORTABLE GIVING THAT PERSON 11
BROAD AND SWEEPING POWERS TO MAKE HEALTH CARE DECISIONS FOR 12
YOU. THERE IS NO LEGAL REQUIREMENT THAT ANYONE EXECUTE A 13
HEALTH CARE POWER OF ATTORNEY. 14
15
EXPLANATION: You have the right to name someone to make health care decisions for you 16
when you cannot make or communicate those decisions. This form may be used to create a health 17
care power of attorney, and meets the requirements of North Carolina law. However, you are 18
not required to use this form, and North Carolina law allows the use of other forms that meet 19
certain requirements. If you prepare your own health care power of attorney, you should be very 20
careful to make sure it is consistent with North Carolina law. 21
22
This document gives the person you designate as your health care agent broad powers to make 23
health care decisions for you when you cannot make the decision yourself or cannot communicate 24
your decision to other people. You should discuss your wishes concerning life-prolonging 25
measures, mental health treatment, and other health care decisions with your health care agent. 26
Except to the extent that you express specific limitations or restrictions in this form, your health 27
care agent may make any health care decision you could make yourself. 28
29
This form does not impose a duty on your health care agent to exercise granted powers, but when 30
a power is exercised, your health care agent will be obligated to use due care to act in your best 31
interests and in accordance with this document. 32
33
This Health Care Power of Attorney form is intended to be valid in any jurisdiction in which it 34
is presented, but places outside North Carolina may impose requirements that this form does not 35
meet. 36
37
If you want to use this form, you must complete it, sign it, and have your signature witnessed by 38
two qualified witnesses and proved by a notary public. Follow the instructions about which 39
choices you can initial very carefully. Do not sign th