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To make a health care power of attorney legally binding, you must (1) sign and date the document (2) in the presence of two witnesses. The document must also be certified by a notary public.
This document gives the person you designate as your health care agent broad powers to make health care decisions for you when you cannot make the decision yourself or cannot communicate your decision to other people.
ANSWER: The short answer to your question is yes. NC law provides that a power of attorney executed in a state other than North Carolina is valid in North Carolina, provided that when it was signed its execution complied with the law of the other state.
If there is no health care agent as defined in (1), a court-appointed guardian or general guardian. If there is no guardian as provided in (2), an attorney-in-fact who is granted power over health care decisions by a valid power of attorney. If there is no attorney-in-fact as provided in (3), the spouse of the patient.
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