§ 32A-24. Reliance on health care power of attorney; defense. - North Carolina Statutes

§ 32A‑24.  Reliance onhealth care power of attorney; defense.

(a)        Any physician orother health care provider involved in the medical care of the principal mayrely upon the authority of the health care agent contained in a signed andacknowledged health care power of attorney in the absence of actual knowledgeof revocation of the health care power of attorney. The physician or healthcare provider may rely upon a copy of the health care power of attorneyobtained from the Advance Health Care Directive Registry maintained by theSecretary of State pursuant to Article 21 of Chapter 130A of the GeneralStatutes to the same extent that the individual may rely upon the originaldocument.

(b)        All health caredecisions made by a health care agent pursuant to a health care power ofattorney during any period following a determination that the principal lacksunderstanding or capacity to make or communicate health care decisions shallhave the same effect as if the principal were not incapacitated and were presentand acting on his or her own behalf. Any health care provider relying in goodfaith on the authority of a health care agent shall be protected to the fullextent of the power conferred upon the health care agent, and no person sorelying on the authority of the health care agent shall be liable, by reason ofhis reliance, for actions taken pursuant to a decision of the health careagent.

(c)        The withholding orwithdrawal of  life‑prolonging measures by or under the orders of aphysician pursuant to the authorization of a health care agent shall not beconsidered suicide or the cause of death for any civil or criminal purpose norshall it be considered unprofessional conduct or a lack of professionalcompetence. Any person, institution or facility, including without limitationthe health care agent and the attending physician, against whom criminal orcivil liability is asserted because of conduct described in this section, mayinterpose this section as a defense.

(d)        The protections ofthis section extend to any valid health care power of attorney, including adocument valid under G.S. 32A‑27; these protections are not limited tohealth care powers of attorney prepared in accordance with the statutory formprovided in G.S. 32A‑25.1, or to health care powers of attorney filedwith the Advance Health Care Directive Registry maintained by the Secretary ofState. A health care provider may rely in good faith on an oral or writtenstatement by legal counsel that a document appears to meet applicable statutoryrequirements for a health care power of attorney. These protections also extendto a document executed in another jurisdiction that is valid as a health carepower of attorney under G.S. 32A‑27. A health care provider shall have noliability for acting in accordance with a revoked health care power of attorneyunless that provider has actual notice of the revocation. (1991, c. 639, s. 1; 2001‑455,s. 3; 2001‑513, s. 30(b); 2007‑502, ss. 5(a), (b).)