Huntersville Medical Power of Attorney Lawyer

Huntersville Medical Power of Attorney

A comprehensive estate plan is far more than just a will stating your preferences for how your assets and property should be distributed. One crucial part of an estate plan is creating directions for medical treatment should you become unable to make your own decisions. A medical power of attorney allows you to specify who can make medical decisions on your behalf if you cannot. A Huntersville medical power of attorney lawyer can be a valuable resource.

Experienced Huntersville Medical Power of Attorney Support

Establishing a medical power of attorney can be a daunting task. A power of attorney typically only applies if you cannot make medical decisions for yourself, but it can be scary to grant another person the power to make your medical decisions.

The Thomas & Webber team can help you create a plan that honors your wishes and helps you feel confident in your medical plan. We understand that this is a sensitive process and can assist you in making the choices you feel are right, whether it involves estate planning, trusts, wills, or living wills.

What Is Medical Power of Attorney?

A medical power of attorney is a legal document that authorizes another person, called a healthcare agent, to make healthcare decisions on your behalf. If you are ever in a position where you cannot make your own decisions about medical treatment, it is your healthcare agent’s responsibility to step in and make those decisions for you. Additional health care agents can be appointed if your first choice is unavailable or unable to act on your behalf.

The powers granted to the health care agent are defined as broad and sweeping under North Carolina General Statute 32A-25.1 and include the ability to:

• Request, receive, and review medical information
• Consent to the disclosure of hospital and medical records
• Consent or withdrawal consent for diagnostics and treatment procedures
• Authorize or withdraw life-prolonging measures
• Consent to pain relief
• Authorize admission and discharge from long-term care facilities, nursing homes, hospitals, or other institutions
• Authorize an autopsy
• Direct disposition of the principal’s remains following death
• Take any action deemed necessary to carry out the medical power of attorney

To customize the document and powers given to the health care agent, any of these powers can be removed or similar powers can be added.

Requirements for a Valid North Carolina Medical Power of Attorney

If you choose to create a medical power of attorney, it is crucial that the requirements are met and the process is handled correctly. Even a minor mistake could invalidate the document and prevent your health care agent from being able to make important, time-sensitive decisions. The requirements for a valid medical power of attorney are stated in North Carolina General Statute 32A-16:

• Written: A medical power of attorney must be in writing to be valid.
• Signed: The principal, or the person making the power of attorney, must sign the document in the presence of two witnesses who believe the principal is of sound mind and acknowledge that they meet the requirements to be a qualified witness.
• Capacity: The principal must be at least 18 years old and have enough capacity to make and communicate medical decisions.
• Notarized: The document must be acknowledged before a notary public.

Why Hire a Medical Power of Attorney Lawyer With Thomas & Webber

Roughly 36% of Americans have filled out an advance directive, such as a medical power of attorney. In some instances, you may believe that a medical power of attorney is not needed because your next of kin is who you would like to make your medical decisions if you cannot.

Though this may be an accurate statement, Thomas & Webber can help you determine if this decision is the most beneficial for your overall estate plan. If you decide to implement a medical power of attorney, we can ensure that all parties are informed and that the process is handled correctly.

We understand that medical decisions like these can be intimidating and emotionally challenging. Our team can handle your estate plan and medical power of attorney with compassion and understanding.

FAQs

Can a Medical Power of Attorney Be Revoked in Huntersville, NC?

A medical power of attorney can be revoked in Huntersville, NC. The principal can revoke the power of attorney with a document of revocation. Creating a new medical power of attorney also invalidates any previously written medical power of attorney. The principal also can revoke the power of attorney in any manner where they communicate an intent to revoke, as long as it is communicated to both the health care agent and attending physician.

What Happens if I Do Not Have a Medical Power of Attorney?

If you do not have a medical power of attorney, then the person responsible for making your medical decisions will be determined by state law. In North Carolina, the next of kin is most often a current legal spouse, children who are 18 years old or older, or other family members who are 18 years old or older.

What Are the Requirements for a Valid Medical Power of Attorney in Huntersville, NC?

There are several requirements that must be met for a medical power of attorney to be valid in Huntersville, NC. The medical power of attorney must be written down, the principal must sign the document in front of two qualified witnesses, and it must be acknowledged before a notary public. Additionally, the principal must be able to understand the healthcare decisions they are making and be at least 18 years old.

Do I Need an Attorney to Make a Valid Medical Power of Attorney?

You are not required to retain an attorney to make a valid medical power of attorney; however, it is recommended that you consult with an experienced medical power of attorney lawyer. Failing to meet all the requirements of a power of attorney can invalidate the document, meaning your next of kin, according to state law, will be responsible for making important medical decisions.

Consult With a Trusted Medical Power of Attorney Lawyer in Huntersville

The Thomas & Webber team is dedicated to handling every medical power of attorney case with professionalism and understanding. Connect with our team today to see how we can help with your medical power of attorney and other estate plans.