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N.C. Right to Natural Death. G. S. 90-321; 1977 amended 1991. N.C. Natural Death Act. If a person has declared. . . via : living will advance directive durable power of health care attorney. N.C. Right to Natural Death Act.
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N.C. Right to Natural Death G. S. 90-321; 1977 amended 1991
N.C. Natural Death Act • If a person has declared. . . • via : living will advance directive durable power of health care attorney
N.C. Right to Natural Death Act • And it is determined by attending physician AND one other physician. . .
N.C. Right to Natural Death Act • that the patient is: • terminal and • incurable -- OR-- • diagnosed as PVS. . .
N.C. Right to Natural Death Act • then: extraordinary means, or artificial nutrition or hydration, • AS SPECIFIED BY THE DECLARANT, • may be withheld or discontinued, • upon the direction & under the supervision of the MD..
N.C. Right to Natural Death Act • Declarations may be revoked in any manner by which the patient is able -- without regard to mental or physical state, when communicated to the MD by the patient or agent.
Health Care Power of Attorney • a written instrument • signed in the presence of 2 qualified witnesses • notarized • gives authority, but NOT duty to act
Health Care Power of Attorney • Effective when MD determines in writing: • patient lacks sufficient understanding, or capacity to: • make or communicate health care decisions • revoked at any time patient becomes capable
Health Care Power of Attorneygives agent power to: • request, review, receive info. • employ or discharge HTMs. • authorize admission and discharge. • give, withdraw or withhold consent for: Xray, anesthesia, meds, surgery, and ALL other Rxs. • withhold or withdraw life-sustainingprocedures IF terminal, coma, dementia, PVS.
Health Care Power of Attorney:Life-Sustaining Procedures • care or treatment which only serves to artificially prolong the dying process • may include: • ventilation • dialysis • antibiotics • artificial nutrition and • others
N. C. Natural Death in the Absence of a Declaration • If comatose and no reasonable hope of return -- OR -- mentally incapacitated, AND • attending MD & 2nd MD confirmed: terminal & incurable, or PVS, AND • a vital function could be or is being maintained by artificial means, THEN, • such means can be withheld/discontinued per:
N.C. Natural Death Act in the Absence of a Declaration • withhold/discontinued per: 1. health care agent 2. legal guardian 3. spouse 4. majority of 1st degree relatives • in THAT order.