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A health and welfare LPA gives your attorney the power to make decisions about your daily routine (washing, dressing, eating), medical care, moving into a care home and life-sustaining medical treatment. It can only be used if you're unable to make your own decisions.
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.
If the patient doesn't have advance medical directives, these people can consent for the patient: the patient's legal representative (mandatary, tutor or curator), if there is one. if there is no legal representative, the patient's married or civil-union spouse, or common-law partner.
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. There are certain statutory limitations on who can serve as a health care agent and witness.
The simple answer is no. A Power of Attorney is a legal document in which you name a specific person to act on your behalf. On the other hand, a \u201cliving will\u201d just addresses your wishes for end-of-life medical care and does not need to name anyone or be drafted in a particular way.
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As a general rule, however, a power of attorney does not need to be recorded in North Carolina in order to be effective.
What Does a Health Care Power of Attorney Do? A North Carolina Health Care Power of Attorney allows you to name the person (your agent) that you want to make your health care decisions if you are unable to make those decisions yourself.
A Health & Welfare Lasting Power of Attorney (LPA) is a legal document that enables a person (known as the Donor) to appoint another person (known as the Attorney) to make decisions on their behalf in relation to health and welfare matters.
If there is no attorney-in-fact as provided in (3), the spouse of the patient. If there is no spouse as provided in (4), a majority of the patient's reasonably available parents and adult children.
The witnesses can be anyone except: your spouse or partner, child, or someone you treat as your child, such as a stepchild you support. your attorney or your attorney's spouse or partner. someone under the age of 18.

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