Every day, families face difficult medical situations where a loved one cannot express their wishes. Without guidance, these moments can lead to confusion and stress for everyone involved.
A living will helps prevent this. It’s not just a document; it’s a way to give your family clarity and peace of mind when they need it most. By clearly stating your healthcare preferences, a living will ensures your voice is heard even when you can’t speak for yourself. But what exactly does that mean under North Carolina law? Let’s break it down.
A living will, also known as an advance directive, is a legal document that outlines your preferences for medical treatment if you become unable to communicate. It comes into play during serious medical situations, such as advanced dementia, irreversible coma, or another condition where you’ll never regain consciousness.
In North Carolina, living wills are governed by state-specific laws, including the “Right to Natural Death Act” (N.C. Gen. Stat. § 90-320). This statute allows individuals to express their wishes about end-of-life care, including whether they want artificial nutrition, hydration, or other life-sustaining treatments.
Your living will only takes effect if two physicians certify that you meet specific conditions, such as having an incurable or irreversible condition that will result in death within a short period, or if you’re permanently unconscious with no reasonable expectation of recovery.
If you’re healthy today, it might be tempting to put off creating a living will. But consider this: life is unpredictable. A living will ensures your healthcare providers and family members know your wishes, sparing your loved ones the emotional burden of making tough decisions on your behalf.
A living will allows you to state your preferences for specific medical treatments. Some common decisions outlined in a living will include:
You can also specify whether you’d prefer comfort care or palliative care if recovery is unlikely. This ensures your focus shifts to relieving pain and maintaining quality of life.
Many people confuse a living will with a healthcare power of attorney (POA), but they serve different purposes. A living will outlines your medical preferences, while a healthcare POA designates someone (a healthcare agent) to make medical decisions on your behalf if you’re unable to do so.
For a comprehensive estate plan, it’s wise to have both documents. Together, they ensure your wishes are known, and a trusted person is empowered to act in your best interest.
Creating a living will in North Carolina requires careful consideration and adherence to state laws. Here’s how to get started:
North Carolina doesn’t have many high-profile cases about living wills, but the story of Terri Schiavo from Florida shows just how crucial they can be.
In 1990, Terri suffered a cardiac arrest that left her in a persistent vegetative state. Without a living will to clearly outline her wishes, her husband and parents became embroiled in a 15-year legal battle. Her husband believed she wouldn’t want life-prolonging treatments, while her parents fought to keep her alive. The case turned into a national spectacle, filled with emotional pain and family division.
This heartbreaking situation serves as a stark reminder of why having a living will is so important:
Having a living will isn’t just about legalities; it’s about giving your family peace of mind and preventing heart-wrenching situations like Terri’s. It’s one of the kindest, most loving things you can do for yourself and those you care about.
Figuring out the legal side of a living will can feel intimidating, but having an attorney by your side makes it easier. Here’s how a lawyer can help:
With the right legal support, you can feel confident knowing your wishes are understood, and your loved ones are protected. Contact Johnson Legal PLLC to get started.
Creating a living will is an essential part of planning for your future and ensuring your wishes are respected. It’s a way to protect yourself and provide peace of mind to your loved ones by making your healthcare preferences clear. A living will spares your family the burden of making difficult medical decisions during stressful times and prevents disagreements about your care.
If you’re ready to take control of your healthcare decisions and plan for the future, the team at Johnson Legal PLLC is here to help. We’ll guide you through every step of the process to make sure your wishes are clearly documented and legally binding. Contact us online or call us today to get started.
Shane T. Johnson is the CEO and Managing Partner of Johnson Legal, an estate planning and business law firm in Wilmington, NC. With years of experience in estate and business law, he has zealously represented clients in various legal matters, including small business formation and purchasing, estate planning, probate, domestic violence, and other legal cases.
Shane received his Juris Doctor from the University of Wyoming and is a member of the North Carolina Bar Association. He has received numerous accolades for her work, including being named among the Best Probate Lawyers in Wilmington by Expertise.com.
