WHAT IS A LIVING WILL IN NORTH

CAROLINA? You can ultimately go forward with a holistic plan

in place, fully prepared for the contingencies that you may face during the latter stages of your life.

JOHN POTTER CHARLOTTE NORTH CAROLINA ESTATE PLANNING ATTORNEY

What Is a Living Will in North Carolina? www.potterestateplanning.com 2

There is more than one type of will that is used in the field of estate planning. Of

course there is the last will or last will and testament. With this type of will you

state your final wishes regarding how you want your monetary assets transferred

to your loved ones after you pass away.

Another type of will that is widely recommended is called a living will. This type

of will has nothing to do with the financial side of things. A living will is utilized

to express your wishes regarding the implementation of life-sustaining measures

in the event of your incapacitation.

People sometimes become incapacitated with no hope of recovery. If you were

unable to communicate while you were in this condition, doctors would need

answers to some very important questions.

What Is a Living Will in North Carolina? www.potterestateplanning.com 3

Envision a hypothetical scenario. You are incapacitated and you cannot

communicate, but you could be kept alive if certain measures were

implemented, such as mechanical respiration, artificial nutrition, and/or

artificial hydration. If these measures were not used, nature would take its

course and you would pass away.

How would you want medical professionals to proceed under these

circumstances? When you execute your living will, you provide the answer to

this question.

A DECISION YOU SHOULD MAKE

What happens if you do not have a living will in place? If you were to become

unable to communicate while in a terminal condition, your closest relative or a

court appointed guardian would be asked to make medical decisions on your

behalf.

There are a number of

different negative

consequences that can

result if you do not take

action in advance. Most

importantly, your own

true wishes may not be carried out. The person who winds up making the

decisions on your behalf may not act as you would have acted on your own.

Secondly, members of your family may disagree regarding how doctors should

What Is a Living Will in North Carolina? www.potterestateplanning.com 4

proceed. This can create hard feelings among those that you love at a time when

they should ideally be supporting one another.

Lastly, even if the decision-maker does ultimately make the choices that you

would have made, he or she was placed into an excruciating position. Acting in

good conscious under the assumption that you would have done this or that is

one thing, but there may always be some lingering doubt.

There is no reason to place your family in this difficult position. You can put a

living will in place and go forward with total peace of mind.

ANOTHER ADVANCE DIRECTIVE FOR HEALTH CARE

A living will is called an advance directive for health care. It is not the only

advance directive that

should be included within

your estate plan. There is

another advance directive

that is widely utilized called

a durable power of attorney

for health care or health

care proxy.

When you draw up a living

will, it is largely going to be

centered around the subject

of life-support. You cannot

What Is a Living Will in North Carolina? www.potterestateplanning.com 5

possibly cover every conceivable medical scenario when you are creating your

living will.

With a durable power of attorney for health care, you name someone to make

medical decisions on your behalf in

the event of your incapacitation. If

something comes up that was not

covered in the living will, your chosen

representative will be empowered to

act on your behalf.

When you are choosing an agent or

attorney-in-fact to handle your

medical decision-making if it becomes

necessary, you should have a heart-to-

heart discussion with this person.

Share your thoughts on various

medical contingencies that may arise

so that your agent can act with an

understanding of your thinking.

The age and geographic location of your agent should be taken into

consideration as well. You want to select someone who is likely to be alive and

well if you become incapacitated. The agent should also live nearby so that he or

she can be involved in ongoing medical decision-making if and when the need

arises.

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CONCLUSION

A living will is an advance health care directive. It is used to record your wishes

regarding the use of artificial life-support measures. When you execute a living

will, you take a life-and-death decision out of the hands of your loved ones as

you assert your own choices.

When you create a comprehensive estate plan with the assistance of a licensed

estate planning attorney, you can include your advance directives for health

care. You can ultimately go forward with a holistic plan in place, fully prepared

for the contingencies that you may face during the latter stages of your life.

REFERENCES

Mayo Clinic http://www.mayoclinic.org/healthy-living/consumer-health/in-depth/living-wills/art-20046303 American Bar Association http://www.americanbar.org/groups/real_property_trust_estate/resources/estate_planning/living_wills_health_care_proxies_advance_health_care_directives.html

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About the Author

John Potter

John Potter is an Estate Planning and Elder Law attorney in the Ballantyne area of Charlotte, North Carolina. His practice focuses exclusively on two areas: Estate Planning, helping individuals protect their families and preserve their legacies both during their lifetimes and after their deaths, including through Wills and Living Trusts; and Elder Law and special needs planning, assisting individuals in qualifying for Medicaid and other government benefits to offset the costs of long-term care, including nursing home care and other medical expenses.

Experience

After graduating from the University of Virginia School of Law in 2003, Mr. Potter clerked for United States District Judge Jennifer Coffman in Lexington, Kentucky. In 2004, he joined the law firm of Taft, Stettinius & Hollister LLP in Cincinnati, Ohio, where he practiced in the litigation section. His experience with estate and trust litigation left him with the conviction to help clients proactively take control of their affairs both to avoid unnecessary, time-consuming, expensive, and heart-breaking litigation and also to give clients the peace of mind and other benefits that come with proper planning. Mr. Potter practiced estate planning and elder law in the northern Kentucky office of his family’s law firm beginning in 2008. In 2012, Mr. Potter moved to North Carolina and opened the Charlotte office of the Potter Law Firm Office. He is admitted to practice law in North Carolina, Kentucky, and Ohio, and he is accredited by the Department of Veterans Affairs. The Potter Law Firm www.potterestateplanning.com 15720 Brixham Hill Avenue, Suite 300 Charlotte, NC 28277 Phone: (704) 944-3245