People could file health care documents with North Carolina’s registry

A person may submit listed health care documents and their revocations to the state registry electronically or on paper. The documents include health care powers of attorney, living wills, mental health treatment instructions, anatomical-gift declarations, and HIPAA waivers. Only the person who signed a document may submit it. Most filings must be notarized, even if notarization is not required for the document to be valid. This does not apply to anatomical-gift declarations. Include any required fee. The bill would take effect October 1, 2026.

The Secretary of State enters submitted documents into the registry and sends the filer a file number and password. These procedures apply to documents filed in the Advance Health Care Directive Registry, whether received electronically or on paper. The Secretary is not required to check whether a document meets legal requirements. Entering or removing a document does not affect its validity or confirm that its information is accurate or that legal requirements were met. The bill would take effect October 1, 2026.

The bill text provides forms for naming a health care agent and giving instructions about life-prolonging treatment. The forms are for people choosing someone to make health care decisions during incapacity or giving instructions about life-prolonging treatment in specified conditions. The health care power of attorney form calls for two witnesses and a notary to be present when the signer signs. The living-will form calls for two witnesses and proof before a notary or court clerk. The witness rules include an exception for certain trained employees designated by their employer. The bill would take effect October 1, 2026.