What is an advance directive?

An advance directive is the legal framework under North Carolina law that lets you plan ahead for medical decisions you may not be able to make yourself. It covers two main tools: a living will and a healthcare power of attorney (also called a healthcare proxy or agent designation).

A living will spells out your preferences about life-sustaining treatment. It addresses situations where you have a terminal illness, are in a persistent vegetative state, or face end-of-life scenarios. You can specify whether you want CPR, mechanical ventilation, feeding tubes, or other interventions. Your living will takes effect only if you cannot communicate your wishes at the time a medical decision needs to be made.

The healthcare power of attorney names someone you trust to make medical decisions on your behalf if you become incapacitated. Unlike a living will, this person can respond to new situations and make choices as circumstances unfold. They have authority to discuss your care with doctors, review medical records, and consent to or refuse treatment.

Without an advance directive, your family may face delays, disagreements, or costly court involvement if you become unable to speak for yourself. North Carolina recognizes advance directives as binding documents that guide doctors and protect your autonomy. An estate planning attorney can help you draft documents that clearly reflect your values and comply with state law, ensuring your healthcare wishes are honored.