AMEND ADVANCE HEALTH CARE DIRECTIVES LAWS.

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View NCGA Bill Details2015-2016 Session
House Bill 146 (Public) Filed Tuesday, March 3, 2015
AN ACT ELIMINATING THE NEED TO HAVE ADVANCE HEALTH CARE DIRECTIVES AND HEALTH CARE POWERS OF ATTORNEY SIGNED IN THE PRESENCE OF TWO WITNESSES AND ACKNOWLEDGED BEFORE A NOTARY PUBLIC, AND INSTEAD ALLOWING FOR EXECUTION BY EITHER SIGNATURE IN THE PRESENCE OF TWO WITNESSES OR ACKNOWLEDGMENT BEFORE A NOTARY PUBLIC.
Intro. by Lambeth, Jones, Conrad, S. Ross.
Status: Failed 2nd Reading (House Action) (Apr 1 2015)

Bill History:

H 146

Bill Summaries:

  • Bill H 146 (2015-2016)
    Summary date: Apr 1 2015 - View Summary

    House amendment #1 makes the following changes to the 2nd edition.

    Amends the definition of health care power of attorney in GS 32A-16(3) to require that it be signed in the presence of two qualified witnesses who provide their names and addresses or acknowledged before a notary public (was, in the presence of two qualified witnesses or acknowledged before a notary public). 

    Amends GS 32A-25.1, concerning a sample health care power of attorney form, adding language to the form, in various places, to direct those witnessing the execution of such a form to type or print their address.

    Makes conforming changes. 

     

    Health and Human Services, Health, Health Care Facilities and Providers
    GS 32A, GS 90
  • Bill H 146 (2015-2016)
    Summary date: Mar 18 2015 - View Summary

    House committee substitute makes the following changes to the 1st edition.

    Adds language to the notorization section of the sample Health Care Power of Attorney form found in GS 32A-25.1(a) and to the sample Advance Directive for a Natural Death form found in GS 90-321(d1). 

    Health and Human Services, Health, Health Care Facilities and Providers
    GS 32, GS 90
  • Bill H 146 (2015-2016)
    Summary date: Mar 3 2015 - View Summary

    Amends the definition of health care power of attorney in GS 32A-16 to require that it be signed in the presence of two qualified witnesses or acknowledged before a notary public (was, signed in the presence of two qualified witnesses and acknowledged before a notary public). Makes conforming changes.

    Amends GS 32A-25.1(a), which sets out the form to be used in creating a health care power of attorney to require that the signature be witnessed by two qualified witnesses or proved by a notary public. Makes conforming changes. 

    Makes the same changes to GS 90-321(c) (setting out the requirements of patient health care directives that doctors must follow) and GS 90-321(d1) [setting out the form that is specifically determined to meet the requirements of (c)].

    Effective October 1, 2015. 

     

    Health and Human Services, Health, Health Care Facilities and Providers
    GS 32, GS 90
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