NORTH CAROLINA LEGAL INFORMATION

Witnesses: Two witnesses AND a notary are necessary to the signature of the maker;

Who may be a witness? North Carolina law sets forth the following requirements for witnesses to a Living Will:
"(i) they were not related within the third degree to the declarant or to the declarant's spouse, and (ii) they did not know or have a reasonable expectation that they would be entitled to any portion of the estate of the declarant upon the declarant's death under any will of the declarant or codicil thereto then existing or under the Intestate Succession Act as it provides at that time, and (iii) they were not a physician attending the declarant or an employee of an attending physician or an employee of a health facility in which the declarant was a patient or an employee of a nursing home or any group-care home in which the declarant resided, and (iv) they did not have a claim against the declarant." N.C. State. §90-321.

Notary: There is a express provision in the North Carolina statutes requiring that a living will be notarized in addition to witnessed;

Must health care agent sign form? No requirement that health care agent sign form;

North Carolina Statutes containing living will requirements: North Carolina Code Chapter 90, Article 23, Right to Natural Death.

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