Bill
HB 1115
The bill allows combining advance health care documents (power of attorney, living will, mental health directive) into a single, clearly titled instrument while preserving each doc
Purpose
- To modify North Carolina law to simplify and better align execution, combination, and use of advance health care planning documents.
- Draws on proposals from the Uniform Health-Care Decisions Act (2023) and prefaces changes contemplated by House Bill 349 (2025).
Key Provisions and Changes
1) Clarifying relationship and combining documents (Parts I-A, I-B)
- Health care planning documents may be combined:
- A health care power of attorney (HCPOA) can be combined with:
- An advance directive for a natural death (living will) under Article 23, Chapter 90.
- An advance instruction for mental health treatment under Part 2, Article 3, Chapter 122C.
- When combined, documents must be clearly titled within the bundle; each document type remains individually identifiable.
- The intent is to permit a single consolidated instrument that clearly documents multiple advance directives and powers, while preserving their separate legal effects.
2) Simplified execution and form standards (Part II)
- Execution requirements for a health care power of attorney and for an advance directive (“living will”) are streamlined:
- Revisions to statutory forms to ensure consistency with the updated framework.
- Forms must be signed in the presence of two qualified witnesses and acknowledged before a notary public (with specifics preserved from current practice).
- The statutory HCPOA form includes clarifications about agent authority, scope (limited to health care, not general financial matters), and optional language for limitations.
- The statutory HCPOA form emphasizes that an agent’s actions in good faith shall have the same effect as if the principal acted personally, and that the agent is protected from liability when acting in good faith.
3) Updating and aligning living wills with other planning documents (Part I-B, 1B)
- The living will (Article 23) is amended to explicitly permit combination with other advance documents and to update the priority structure for who may consent in the absence of a living will.
- The living will’s execution, witnesses, notary provisions, and protective language are updated to mirror the simplified combination approach.
4) Medical decision-making and consent (Part I-D; Part II)
- Informed consent standards (informed consent to treatment) are aligned with the revised framework for planning documents.
- Provisions govern prioritization of decision-makers when a patient lacks capacity and has no living will, consistent with updated § 90-321 and related sections.
5) Effective date and transitional provisions (Part III)
- Effective date: January 1, 2027.
- Documents executed on or after the effective date follow the new rules; prior documents remain valid under existing law.
- If House Bill 349 (2025) becomes law, Part II is repealed, indicating potential consolidation with that measure.
Who is Affected
- Individuals drafting health care advance planning documents (HCPOA, living wills, and mental health treatment directives).
- Notaries, witnesses, physicians, health care providers, and facilities involved in honoring directives.
- Families and designated health care agents or guardians who rely on these documents for decision-making.
Timeline
- Effective date: January 1, 2027.
- Applies to documents executed on or after that date; earlier documents remain governed by existing law.
Notes
- The bill emphasizes compatibility and “combining” documents to reduce duplication while preserving authority and specificity of each document type.
- It references the General Statutes Commission’s recommendations and contemplates alignment with the Uniform Health-Care Decisions Act.
Compiled from official sources — confirm details with the bill’s official record.
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