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S.L. 1998-198 [SESSION LAWS
Attorney you may also appoint a person as your health care agent to make
treatment decisions for you if you become incapable. You have the right to
revoke this document at any time you have not been determined to be
incapable. YOU MAY NOT REVOKE THIS ADVANCE INSTRUCTION
WHEN YOU ARE FOUND INCAPABLE BY A PHYSICIAN OR OTHER
AUTHORIZED MENTAL HEALTH TREATMENT PROVIDER. A
revocation is effective when it is communicated to your attending physician
or other provider. The physician or other provider shall note the revocation
in your medical record. To be valid, this advance instruction must be
signed by two qualified witnesses, personally known to you, who are present
when you sign or acknowledge your signature. It must also be
acknowledged before a notary public.
NOTICE TO PHYSICIAN OR OTHER MENTAL HEALTH
TREATMENT PROVIDER
Under North Carolina law, a person may use this advance instruction to
provide consent for future mental health treatment if the person later
becomes incapable of making those decisions. Under the Health Care
Power of Attorney the person may also appoint a health care agent to make
mental health treatment decisions for the person when incapable. A person
is incapable' when in the opinion of a physician or eligible psychologist the
person currently lacks sufficient understanding or capacity to make and
communicate mental health treatment decisions. This document becomes
effective upon its proper execution and remains valid unless revoked. Upon
being presented with this advance instruction, the physician or other
provider must make it a part of the person's medical record. The attending
physician or other mental health treatment provider must act in accordance
with the statements expressed in the advance instruction when the person is
determined to be incapable, unless compliance is not consistent with G.S.
122C-74(g). The physician or other mental health treatment provider shall
promptly notify the principal and, if applicable, the health care agent, and
document noncompliance with any part of an advance instruction in the
principal's medical record. The physician or other mental health treatment
provider may rely upon the authority of a signed, witnessed, dated, and
notarized advance instruction, as provided in G.S. 122C-75. '"
Section 3. G.S. 122C-3(20)reads as rewritten:
"(20) 'Legally responsible person' means: (i) when applied to an
adult, who has been adjudicated incompetent, a guardian; or
guardian; (ii) when applied to a minor, a parent, guardian, a
person standing in loco parentis, or a legal custodian other than
a parent who has been granted specific authority by law or in a
custody order to consent for medical care, including psychiatric
treatment, treatment; or (iii) when applied to an adult who is
incapable as defined in G.S. 122C-72(c) and who has not been
adjudicated incompetent, a health care agent named pursuant to
a valid health care power of attorney as prescribed in Article 3
of Chapter 32 of the General Statutes.
"
672
Object Description
Description
| Title | Page 688 |
| Full Text | S.L. 1998-198 [SESSION LAWS Attorney you may also appoint a person as your health care agent to make treatment decisions for you if you become incapable. You have the right to revoke this document at any time you have not been determined to be incapable. YOU MAY NOT REVOKE THIS ADVANCE INSTRUCTION WHEN YOU ARE FOUND INCAPABLE BY A PHYSICIAN OR OTHER AUTHORIZED MENTAL HEALTH TREATMENT PROVIDER. A revocation is effective when it is communicated to your attending physician or other provider. The physician or other provider shall note the revocation in your medical record. To be valid, this advance instruction must be signed by two qualified witnesses, personally known to you, who are present when you sign or acknowledge your signature. It must also be acknowledged before a notary public. NOTICE TO PHYSICIAN OR OTHER MENTAL HEALTH TREATMENT PROVIDER Under North Carolina law, a person may use this advance instruction to provide consent for future mental health treatment if the person later becomes incapable of making those decisions. Under the Health Care Power of Attorney the person may also appoint a health care agent to make mental health treatment decisions for the person when incapable. A person is incapable' when in the opinion of a physician or eligible psychologist the person currently lacks sufficient understanding or capacity to make and communicate mental health treatment decisions. This document becomes effective upon its proper execution and remains valid unless revoked. Upon being presented with this advance instruction, the physician or other provider must make it a part of the person's medical record. The attending physician or other mental health treatment provider must act in accordance with the statements expressed in the advance instruction when the person is determined to be incapable, unless compliance is not consistent with G.S. 122C-74(g). The physician or other mental health treatment provider shall promptly notify the principal and, if applicable, the health care agent, and document noncompliance with any part of an advance instruction in the principal's medical record. The physician or other mental health treatment provider may rely upon the authority of a signed, witnessed, dated, and notarized advance instruction, as provided in G.S. 122C-75. '" Section 3. G.S. 122C-3(20)reads as rewritten: "(20) 'Legally responsible person' means: (i) when applied to an adult, who has been adjudicated incompetent, a guardian; or guardian; (ii) when applied to a minor, a parent, guardian, a person standing in loco parentis, or a legal custodian other than a parent who has been granted specific authority by law or in a custody order to consent for medical care, including psychiatric treatment, treatment; or (iii) when applied to an adult who is incapable as defined in G.S. 122C-72(c) and who has not been adjudicated incompetent, a health care agent named pursuant to a valid health care power of attorney as prescribed in Article 3 of Chapter 32 of the General Statutes. " 672 |
