§ 32A-15. General purpose of this Article. - North Carolina Statutes

Article 3.

Health Care Powers ofAttorney.

§ 32A‑15.  Generalpurpose of this Article.

(a)        The GeneralAssembly recognizes as a matter of public policy the fundamental right of anindividual to control the decisions relating to his or her medical care, andthat this right may be exercised on behalf of the individual by an agent chosenby the individual.

(b)        The purpose of thisArticle is to establish an additional, nonexclusive method for an individual toexercise his or her right to give, withhold, or withdraw consent to medicaltreatment, including mental health treatment, when the individual lackssufficient understanding or capacity to make or communicate health caredecisions.

(c)        This Article isintended and shall be construed to be consistent with the provisions of Article23 of Chapter 90 of the General Statutes provided that in the event of aconflict between the provisions of this Article and Article 23 of Chapter 90,the provisions of Article 23 of Chapter 90 control. No conflict between theseChapters exists when either a health care power of attorney or a declarationprovides that the declaration is subject to decisions of a health care agent.If no declaration has been executed by the principal as provided in G.S. 90‑321that expressly covers the principal's present condition and if the health careagent has been given the specific authority in a health care power of attorneyto authorize the withholding or discontinuing of life‑prolonging measureswhen the principal is in such condition, the measures may be withheld ordiscontinued as provided in the health care power of attorney upon thedirection and under the supervision of the attending physician, as G.S. 90‑322shall not apply in such case. Nothing in this Article shall be construed toauthorize any affirmative or deliberate act or omission to end life other thanto permit the natural process of dying.

(d)        This Article isintended and shall be construed to be consistent with the provisions of Part 3Aof Article 16 of Chapter 130A of the General Statutes. In the event of aconflict between the provisions of this Article and Part 3A of Article 16 ofChapter 130A, the provisions of Part 3A of Article 16 of Chapter 130A control.  (1991, c. 639, s. 1; 1993,c. 523, s. 1; 1998‑198, s. 1; 1998‑217, s. 53; 2007‑502, s.1; 2008‑153, s. 4.)