Healthcare directives
If you are unable to speak for yourself, someone must make medical decisions on your behalf. These documents say who that person is and what guidance they have from you.
When someone else must speak for you
A medical emergency, a surgical complication, or a slow decline can all leave you unable to communicate your wishes to a doctor. When that happens, hospital staff will turn to whoever is present. Without written documents, your family members may disagree, or a well-meaning relative may make choices that do not reflect what you would have wanted. Healthcare directives remove the guesswork. They tell the medical team who has authority and, in some cases, what decisions that person should make.
North Carolina recognizes three related documents: a living will (called a declaration of a desire for a natural death), a healthcare power of attorney, and a HIPAA authorization. Together, they cover most situations that arise.
Living will (Declaration of a Desire for a Natural Death)
North Carolina's living will is formally titled a Declaration of a Desire for a Natural Death. It states your preferences about life-prolonging treatment if you have a terminal condition, are in a persistent vegetative state, or face end-stage illness. Specifically, it lets you say whether you want measures such as artificial nutrition, mechanical ventilation, or cardiopulmonary resuscitation to continue when there is no reasonable expectation of recovery.
This document does not instruct doctors to withhold care. It records your preferences in advance so that, if the time comes, your family is not forced to make that decision alone under pressure. Many people find that having this conversation once, and putting it in writing, spares their family a great deal of anguish later.
Healthcare power of attorney
A healthcare power of attorney names a person (your healthcare agent) to make medical decisions on your behalf when you cannot make them yourself. Your agent speaks with doctors, reviews treatment options, and makes the call you cannot make. The document can be narrow (covering only specific situations) or broad (covering any medical decision while you are incapacitated). We work with you to find the scope that reflects your wishes and the trust you place in your chosen agent.
Choose someone who knows your values, who can remain calm under pressure, and who will follow your wishes even when those wishes are difficult to carry out. We can talk through what qualities matter most in making this choice.
What these documents spare your family. Without a healthcare power of attorney, no single family member has legal authority to direct your care. Hospitals routinely face disagreements among family members about treatment. A signed document removes the uncertainty and gives one trusted person a clear role, so your family can focus on being present rather than on managing conflict.
HIPAA authorization
The Health Insurance Portability and Accountability Act (HIPAA) restricts who can receive information about your medical condition. Without a HIPAA authorization, a hospital may decline to discuss your situation with family members, even in a crisis. A HIPAA authorization names the people who are permitted to receive your medical information. It is a short document, but an important one, and we include it as a standard part of every healthcare directive package.
What we prepare
- Declaration of a Desire for a Natural Death (living will)
- Healthcare power of attorney naming your chosen agent
- HIPAA authorization designating who may receive medical information
- Guidance on distribution: wallet card, copies for your agent, physician, and secure home storage
Make your wishes clear
Healthcare directives are among the most personal documents we prepare. A quiet conversation is the best place to start. We will explain your options in plain language and draft documents that reflect exactly what you want.