Starting January 1, 2027, people could combine certain health care documents and, if House Bill 349 does not become law, use a notary instead of witnesses for some forms.
People making a health care power of attorney or living will could use two witnesses or a notary to sign it. This option depends on House Bill 349 not becoming law.
People could combine a living will, a health care power of attorney, or mental health treatment instructions in one document, with each part clearly labeled.
People could make an advance instruction for mental health treatment with two qualified witnesses or a notary. Witnesses must meet rules about their relationship to the person and treatment providers.
A person making a health care power of attorney or living will could sign with two qualified witnesses or have the document notarized. This applies to health care powers of attorney and living wills made under North Carolina law. This signing option in Part II would be repealed if House Bill 349 becomes law. The act would apply to documents made on or after January 1, 2027. Earlier documents would remain valid.
People could combine certain health care planning documents in one document, with a clear title for the combined document and a separate title for each part. This covers health care planning documents prepared under the cited North Carolina laws. The listed documents include a living will, a health care power of attorney, and an instruction for mental health treatment. The act would apply to documents made on or after January 1, 2027.
A person could make an advance instruction for mental health treatment by signing before two qualified witnesses or by acknowledging it before a notary. This applies to a person making an advance instruction about their future mental health treatment. Each witness must meet the bill's qualifications, including being unrelated to the person and not being the person's treatment provider or a facility owner, operator, or employee. The act would apply to documents made on or after January 1, 2027.
No hearings or votes scheduled.