North Carolina Statutory Form Health Care Power Of Attorney Page 10
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11Section 7, subpart “A” revokes any prior health care power of attorney;
Section 7, subpart “B” empowers the health care agent to execute any contracts or other
documents consistent with carrying out the powers granted in the health care power of
attorney;
Section 7, subpart “C” disclaims liability for the health care agent in his or her carrying out of
the powers granted in the health care power of attorney; and
Section 7, subpart “D” disclaims civil and/or criminal liability for any person(s) acting “in
good faith reliance on” the health care power of attorney, and/or the actions of the health care
agent in carrying out the powers granted in the health care power of attorney.
10. Explain the contents of Section 8 (“Signature of principal”) in “Exhibit C: Health Care
Power of Attorney.”
Answer: Exhibit C, Section 8 requires the principal’s signature and the date of his or her
signature, with the principal attesting to the fact that he or she is “mentally alert and
competent,” “fully informed” as to the content of the health care power of attorney, and
understands the “full import” of the powers granted to the health care agent.
11. Explain the contents of Section 9 (“Signatures of witnesses”) in “Exhibit C: Health
Care Power of Attorney.”
Answer: Exhibit C, Section 9 requires the signatures (and the corresponding dates of the
signatures) of two (2) disinterested witnesses. Each witness must attest to the fact that the
principal was of “sound mind” when he or she signed the health care power of attorney, and
that the principal signed the document in the presence of the witness. In order to qualify as an
attesting witness, the witness must certify that he or she:
a. Is not related to the principal “by blood or marriage”;
b. Is not entitled to any portion of the principal’s estate by virtue of the principal’s will, or
through the laws of intestate succession;
c. Is not the principal’s attending physician;
d. Is not an employee of the principal’s attending physician, nor an employee of the health
facility in which the principal is a patient, nor an employee of a nursing home or any group
care home where the principal resides; and
e. Has no claim against the principal.
12. Research the requirements for creating a health care power of attorney in your home
state. To conduct your research, use an internet search engine of your choice, and use as
your search words the name of your home state, as well as the words “health care power of
attorney.” Based on your research, how do the requirements for creating a health care
power of attorney in your home state compare to the contents of “Exhibit C: Health Care
Power of Attorney?” (Note: The contents of Exhibit C represent North Carolina’s
Statutory Form of the Health Care Power of Attorney.) Would the Health Care Power of
Attorney set forth in Exhibit C be enforceable in your home state?
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