H 1200 

Part I. 

Contains the General Statutes Commission’s finding that adoption of certain proposals, including simplification of execution requirements for healthcare powers of attorney, advance health care directives (“living wills”) and advance instructions for mental health treatment, would improve the laws of the State, as described.  

Part I-A. 

Makes conforming change to refer to act’s new title of GS Chapter 90, Article 23 (Advance Directive for a Natural Death (‘Living Will’) in GS 32A-15 (general purpose of article pertaining to health care powers of attorney).  Makes technical changes.  

Enacts GS 32A-15.1 (combining health care planning documents), authorizing a health care power of attorney to be combined with any other advance health care planning document, such as a living will or an advance instruction for mental health treatment.  Requires such documents to be clearly titled, as described.  

Makes organizational changes to GS 32A-16 (definitions pertaining to Health Care Powers of Attorney). Adds term present condition. Modifies qualified witness. Updates statutory cross references, and makes other technical changes.   

Removes limit that a health care power of attorney not give the health care agent general authority of a principal’s property or financial affairs in GS 32A-19 (authority of a Health Care Power of Attorney). Makes conforming, technical, and clarifying changes.  

Requires that a witness signing a principal’s Health Care Power of Attorney not be related to the principal by adoption, in addition to blood or marriage in GS 32A-25.1 (statutory form Health Care Power of Attorney). Expands the types of health care providers barred from signing as witness to include mental health treatment providers. Makes clarifying and technical changes.  

Repeals GS 32A-26 (health care power of attorney and declaration of desire for natural death).  

Part I-B.  

Retitles Article 23 of GS Chapter 90 to Advance Directive for a Natural Death (‘Living Will”) (currently, titled as “Right to Natural Death; Brain Death”). Removes provisions declaring the provisions of Article 23 cumulative and makes technical changes to GS 90-320 (general purpose of Article 23). 

Enacts GS 90-320.1 (combining health care planning documents)  authorizing an advance directive to be combined with any other advance health care planning document, such as a health care power of attorney or an advance instruction for mental health treatment.  Requires such documents to be clearly titled, as described. 

Makes technical changes and adds present condition to the definitions provisions of GS 90-321 (right to a natural death). Requires that the witnesses for the attending physician’s declaration certify that they are not related to the declarant by blood, marriage, or adoption (was, not related within the third degree to the declarant or the declarant’s spouse). Removes provisions allowing the advance directive form in GS 90-321 to be combined or incorporated into a health care power of attorney so long as it signed in line with the provisions of GS 90-321. Makes technical, clarifying, and organizational changes.  

Clarifies that the persons listed who must concur with a physician that life-prolonging measures may be withheld or discontinued under the circumstances described in GS 90-322 (procedures for natural death in absence of declaration) are listed in order of priority. Expands the list to add ta person with an established relationship to the patient who has been living with the patient for at least one year as priority 5a, a majority of the patient’s reasonably available grandparents or grandchildren as 6a, an individual not listed who has assisted the patient with supported decision making routinely during the preceding six months as priority 6b, and a majority of the patient’s reasonably available stepchildren who are least eighteen years of age, whom the patient has actively parented during their minor years, and with whom the patient has an ongoing relationship as 6c. Authorizes a physician to accept a concurrence of a person with lower priority only if a person having higher priority is not reasonably available. Allows the physician to request and rely upon statements from a person affirming their status. Makes technical and clarifying changes.  

Part I-C.  

Makes technical changes to GS 122C-71 (purpose pertaining to Part 2 of Article of GS Chapter 122C, concerning advance instruction for mental health treatment).  

Enacts GS 122C-71.1 (combining advance planning documents), authorizing an advance instruction for mental health treatment to be combined with any other advance health care planning document, such as a health care power of attorney or an advance directive.  Requires such documents to be clearly titled, as described.  

Modifies advance instruction for mental health treatment or advance instruction so that the advance instruction can either be signed before two qualified witnesses or acknowledged before a notary (currently must have both).  Modifies qualified witness, and incapable in GS 122C-72 (definitions). Makes technical, conforming, and clarifying changes.  

Makes clarifying, technical, and conforming changes to GS 122C-73 (scope, use, and authority of advance instruction for mental health treatment).  

Clarifies, in GS 122C-77 (statutory form for advance instruction for mental health treatment), that use of the statutory form is an optional and nonexclusive method for creating an advance instruction for mental health treatment and does not affect the use or validity of other forms of advance instruction for mental health treatment, including previous statutory forms. (Currently, specifies that this Part should not be construed to invalidate an advance instruction for mental health treatment that was executed and otherwise valid.) Replaces references to “psychoactive” medications with “psychotropic” medications. Sets forth instructions on how to sign the document and advises the principal to consider providing a copy of the executed document to the listed health care providers and filing a copy with the State registry.  Updates the title of the witness section to “Affirmation of Witnesses” (currently “Nature of Witnesses”). Requires that the witnesses certify that they are not related to the declarant by blood, marriage, or adoption (was, not related within the third degree to the declarant or the declarant’s spouse) or a person appointed as an attorney-in-fact by the document. (Removes current “affirmation of witnesses” section).  Clarifies that the timeframe to determine when a person is “incapable” is at the time the mental health treatment decision is being made (current timeframe is “currently”). Makes conforming, technical, and organizational changes.  

Part I-D. 

Makes the following changes to GS 90-21.13 (informed consent to health care treatment or procedure). Incorporates the changes to the priority provisions of GS 90-322 into those persons who are authorized to consent to a person’s medical treatment when the person is incapacitated. Makes technical, clarifying, organizational, conforming, changes.  

Repeals GS 130A-466(b) which required any document and any revocation of a document submitted for filing in the registry to be notarized regardless of whether notarization is required for its validity.   

Part II. 

Amends health care power of attorney in GS 32A-16, as amended under Part I-A of the act so that it can either be signed before two qualified witnesses or acknowledged before a notary public. Makes conforming changes to GS 32A-25.1 as amended by Part I-A. Removes link to the Advance Health Care Directive Registry in the health care power of attorney form.  Makes conforming and technical changes to GS 90-321 as amended by Part I-B. Removes link to the Advance Health Care Directive Registry in the living will form.   

Part III.  

Specifies that if House Bill 349 of the 2025 Regular NCGA Session becomes law, then Part II of the act is repealed.  

Applies to documents executed on or after January 1, 2027. Clarifies that the act does not affect the validity of a health care power of attorney, an advance directive, or an advance instruction for mental health treatment executed prior to January 1, 2027.