AN ACT UPDATING REQUIREMENTS FOR HEALTH CARE POWERS OF ATTORNEY AND ADVANCE HEALTH CARE DIRECTIVES; AND AUTHORIZING THE SECRETARY OF STATE TO RECEIVE ELECTRONIC FILINGS OF ADVANCE HEALTH CARE DIRECTIVES.
Changes the requirements for a health care power of attorney under GS 32A-16(3) to now require the written instrument to be signed in the presence of two qualified witnesses or acknowledged before a notary public (previously, required signature in the presence of two qualified witnesses and acknowledgement before a notary public). Makes conforming changes to the statutory form for health care power of attorney, set forth in GS 32A-25.1. No longer provides a weblink to the Advance Health Care Directive Registry.
Changes the requirements for a health care declaration under GS 90-321 to now require the written document to be either (1) signed by the declarant in the presence of a notary public or two witnesses (was, two witnesses only) who believe the declarant to be of sound mind and who state that they are not four specified individuals with respect to the declarant, or (2) proved before a clerk or assistant clerk of superior court or a notary public (previously, required signature in the presence of two witnesses as described and to be proven before a clerk, assistant clerk or notary public). Makes conforming changes to the definition given for declaration. Makes conforming changes to the statutory form for advance directive for a natural death set forth in subsection (d1). No longer provides a weblink to the Advance Health Care Directive Registry.
Allows for submission of specified documents and revocations to the Secretary of State for filing in the Advance Health Care Directive Registry under GS 130A-466 in electronic or hard copy format. No longer requires documents and revocations to be notarized (previously, only anatomical gift declarations were not required to be notarized). Adds a Health Insurance Portability and Accountability Act (HIPPA) waiver to the documents and revocations that can be filed.
Amends GS 130A-468 to direct the Secretary of State to file documents received in electronic format that can be filed with the registry to enter that document into the registry database and send a wallet-size card containing the document's file number and password to the person who submitted the document. Makes clarifying changes to specify existing similar procedures apply to hard copy documents received. Authorizes the Secretary of State to remove documents of deceased registrants from the registry upon notification of death in writing in a form acceptable to the Secretary of State.
Effective December 1, 2021.
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