Signing Requirements
In addition to being signed by the principal or at their direction, an advance directive requires the signatures of two witnesses and a notary public.[1]
The witnesses must not be:
- Related within a third degree of the principal or their spouse.
- Entitled to any of the principal’s estate.
- The direct care provider to the principal (or their employee).
Advance Directive (Preview)
Revocation
An advance directive is considered revoked[2]:
- When the principal dies.
- By written revocation.
- By the signing of a subsequent advance directive.
- At the principal’s direction.
- If the agent is the principal’s spouse, their appointment is revoked after divorce or separation.
To revoke the medical power of attorney, the principal must be capable of communicating and making decisions.
Registering
There is no state requirement to register advance directives in North Carolina.
Residents may voluntarily file their paperwork with the Secretary of State by attaching a completed Registration Form and sending it to the address below with the requisite fee payment.[3]
North Carolina Department of the Secretary of State
Advance Health Care Directive Registry
PO Box 29622, Raleigh, NC 27626-0622