It has never been easier to prepare a Health Care Power of Attorney and Living Will. Through Friday, July 31st, documents may be prepared with a Notary Public without witnesses. Emergency laws make that possible, but time is short.
Under ordinary circumstances, we recommend that adults--especially those at greater risk--share values and preferences, what they want and don't and whom they designate to speak for them if they cannot. Present circumstances are far from ordinary.
- Documents adjusted for the emergency law are available on the Secretary of State website, https://www.sosnc.gov/divisions/advance_healthcare_directives.
- Can't find a Notary Public? Go to the Secretary of State's website to find a Notary near you. Go to https://www.sosnc.gov/online_services/notary/find_a_notary for more information.
- Notary-only documents are valid after August 1st; however, they must be executed before August 1st, 2020, under the terms of the NC COVID-19 Recovery Bill.
- Starting August 1st, the two-qualified-witnesses-and-a-notary requirement applies again, although video witnessing and notarization, in compliance with the rules, is permitted before March 1, 2021.
- In-person notarization and witnessing is permitted under the law (indeed, it's normally required), though special care must be taken under present circumstances and may not be possible for all situations. Guidance on how to practice social distancing in this context is provided at https://www.sosnc.gov/imaging/dime/webportal/55344150.pdf.
- Documents may be registered with the Advance Health Care Directives Registry. For more information go to https://www.sosnc.gov/frequently_asked_questions/by_title/_advance_healthcare_directives or PDF [Brochure attached].
