"This time, with a PAD, I did not receive any treatments that I did not want. They were very respectful. I really felt like the hospital took better care of me because I had my PAD. In fact, I think it's the best care that I've ever received."Read More...
North Carolina Q and A
Ten commonly asked questions about PAD's for North Carolina
Note: the following 10 FAQs are designed to provide a quick and accessible guide to what your state Statutes say – or do not say – about PADs. The FAQs do not attempt to provide a complete overview of the law in your state, nor can they take the place of legal advice.
1. Can I write a legally-binding psychiatric advance directive (PAD)?
Yes. The North Carolina General Statutes, Chapter 122C-71 – 79 , provides for PADs and gives a form for filling one out.
Yes. You can specify choices about both medications and hospitalization, including your refusal of consent to either. You may also give further background information about how you have reacted to past treatment.
No. However, your PAD requires the signatures of two witnesses who attest that you are competent to make the PAD at that time, and the certification of a Notary.
Yes. To do this, you must use the State’s Health Care Powers of Attorney statute (Chapter 32A-15 – 27) , which is separate from the PAD but specifically allows the agent to make mental health decisions as well as general health decisions.
Yes. If you become legally incompetent to make a particular decision about medication or hospitalization, your agent can make that decisions for you, which might include a decision not to accept the treatment being offered.
Your agent must exercise substituted judgment.
No. You may have one or the other, or both.
No. In North Carolina, your agent’s power to make decisions and/or your advanced instructions go into effect when your healthcare professionals decide you are incapable of making or communicating decisions yourself: Chapter 32A-20 and Chapter 122C-74.
Yes. A healthcare provider may decline to follow your PAD if he/she thinks your instructions are inconsistent with general standards; if your instructions call for treatment which is not available; if your treatment is not legal; if you are subject to compulsory treatment under state law; or if it is a life-threatening situation and your instructions are not consistent with “appropriate treatment”. For the relevant provision, see Chapter 122C-74.
10. How long does my PAD remain valid?
The “Declaration for Mental Health Treatment” is valid until you revoke it. The North Carolina Statutes say that you may revoke your PAD or appointment of an agent any time, as long as you remain capable of making and communicating health care decisions at that time.