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Modify HC POA/Adv Direct

EngrossedHouse

Regular Message Received For Concurrence in S Com Sub2026-06-24

45 Yea0 Nay2026-06-23

This bill updates North Carolina's rules for health care powers of attorney and advance directives (living wills). It clarifies witness requirements, allows certain trained healthcare workers to serve as witnesses in limited situations, and enables people to file these documents electronically with the Secretary of State's Advance Health Care Directive Registry.

  • Supporters argue this modernizes outdated legal procedures by allowing electronic filing, making it easier for people to register their end-of-life wishes where healthcare providers can quickly access them.
  • The exception allowing trained healthcare facility employees to witness documents addresses practical challenges in healthcare settings where finding unrelated witnesses can be difficult.
  • These changes make the process more accessible while maintaining safeguards through notarization requirements.
  • Opponents may worry that allowing healthcare facility employees as witnesses—even with training—creates conflicts of interest, since those employees work for institutions that benefit from certain end-of-life decisions.
  • Critics might also express concerns about whether electronic filing provides adequate protection against fraud or unauthorized changes, and whether online registries sufficiently protect sensitive medical information.
  • Some may prefer stronger safeguards to ensure documents truly reflect the declarant's freely made wishes.

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