Who Makes Medical Decisions if there is no Health Care Power of Attorney in North Carolina?

What Happens If You Don’t Have a Health Care Power of Attorney?

If you become incapacitated and do not have a Health Care Power of Attorney, the North Carolina General Statutes determine who can make medical decisions on your behalf. The law follows a strict hierarchy, which may not align with your personal preferences. Without proper planning, someone you would not have chosen could be making critical health care decisions for you.

In this article, I’ll explain what a Health Care Power of Attorney is and answer some other frequently asked questions.

What is a Health Care Power of Attorney?

A Health Care Power of Attorney (HCPOA) is a legal document that allows you to designate a trusted person to make medical decisions if you cannot do so yourself.

• Without an HCPOA, medical decisions may be made by a default decision-maker under state law..
• You must sign an HCPOA while you have mental capacity.
• If you are already incapacitated, you cannot create this document.

Who Can Consent to Medical Treatment If I Don’t Have a Medical Power of Attorney?

Each state has its own laws governing medical decision-making for individuals without an HCPOA. In North Carolina, NCGS Sections 90-21.13 (c) outlines the order of priority for who can act as a surrogate decision-maker:

1. A spouse.
2. A majority of the patient’s reasonably available parents and adult children.
3. A majority of the patient’s reasonably available adult siblings.
4. A close friend or individual who has an established relationship with the patient, who acts in good faith on behalf of the patient and can reliably convey the patient’s wishes.

If no one in these categories is available, an attending physician may make medical decisions if:

• Withholding treatment would endanger the patient’s life or seriously worsen their condition.
• Another physician confirms the necessity of treatment.

Why Do I Need a Health Care Power of Attorney?

While North Carolina law provides a default decision-making structure, it may not reflect your preferences. Consider these scenarios:

1. You and your spouse get in a serious accident that incapacitates both of you?
2. You are a single parent with minor children and you don’t want your estranged family members to make choices about your care?
3. You plan to be married and would prefer your fiancé, rather than your parents, make medical decisions on your behalf?
4. Or if you’d prefer that your estranged father have no say in your treatment decisions?
5. What if you’re part of an untraditional family and would prefer your partner to make important medical decisions rather than members of your family?

Get the idea?

In these situations and many others, having a North Carolina Health Care Power of Attorney in place ensures that someone you trust makes your medical decisions, not just the person state law assigns.

Take Control of Your Health Care Decisions

Don’t leave your medical future up to chance. At Rania Combs Law, we help individuals create legally binding Health Care Powers of Attorney to ensure their wishes are honored.

As an experienced North Carolina estate planning attorney, I can guide you through the process of setting up the necessary legal documents to ensure your medical wishes are honored. Don’t leave these important decisions to chance or state default rules. Contact us today to secure peace of mind for yourself and your loved ones. Schedule your free consultation now and take the first step in safeguarding your health care decisions.