GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

H	1 

HOUSE BILL 1041

Short Title:  Living Will Changes.	(Public)
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Sponsors: Representative Holt.
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Referred to:  Judiciary I.
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April 19, 1993

A BILL TO BE ENTITLED
AN ACT TO MAKE REVISIONS TO THE RIGHT TO NATURAL DEATH LAW.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 90-231(a) is amended by inserting a new subdivision to read:
"(2a)	'Health care' means any care, treatment, service, or procedure to maintain, diagnose, treat, or provide for a person's physical or mental health, including extraordinary means and artificial nutrition or hydration."
Sec. 2.  G.S. 90-321(d) reads as rewritten:
"(d)	The following form is specifically determined to meet the requirements above:

'Declaration Of A Desire For A Natural Death'

	

	

'I, ............., being of sound mind, hereby make this declaration of my desire that my life not be artificially prolonged, as specified below:
'If my condition is diagnosed to be terminal and incurable, I authorize the following:
............	My physician may withhold or discontinue
(Initial)	extraordinary means.

............	My physician may withhold or discontinue
(Initial)	any health care including, without limitation,
extraordinary means and artificial nutrition
or hydration except health care that provides
comfort or alleviates pain.

'If my condition is diagnosed to be a persistent vegetative state, I authorize the following:

............	My physician may withhold or discontinue
(Initial)	extraordinary means.

............	My physician may withhold or discontinue
(Initial)	any health care including, without limitation,
extraordinary means and artificial nutrition
or hydration except health care that provides
comfort or alleviates pain.

'I am aware that this declaration authorizes a physician to withhold or discontinue health care in accordance with the instructions provided above.
'This the .......... day of .........., 19......

.......................
Signature

'I hereby state that the declarant, .............., being of sound mind, signed the foregoing declaration in my presence.  I am not related within the third degree to the declarant or to the declarant's spouse, and I do not know or have a reasonable expectation that I would be entitled to any portion of the estate of the declarant upon the declarant's death under any existing will or codicil or under the Intestate Succession Act.  I am not the declarant's attending physician, an employee of the declarant's attending physician, or an employee of any health care facility, nursing home, or group care home in which the declarant is a patient or resident.  I do not have a claim against the declarant.

Witness:	...........................

Witness:	...........................'

The clerk or the assistant clerk, or a notary public may, upon proper proof, certify the declaration as follows:

'Certificate'

'I, ..............., Clerk (Assistant Clerk) of Superior Court or Notary Public (circle one as appropriate) for .................................................. County hereby certify that...................., the declarant, appeared before me and swore to me and to the witnesses in my presence that this instrument is declarant's Declaration Of A Desire For A Natural Death, and that declarant had willingly and voluntarily made and executed it as his free act and deed for the purposes expressed in it.
'I further certify that ............... and ................, witnesses, appeared before me and swore that they witnessed ............., declarant, sign the attached declaration, believing him to be of sound mind; and also swore that at the time they witnessed the declaration (i)	they were not related within the third degree to the declarant or to the declarant's spouse, and (ii) they did not know or have a reasonable expectation that they would be entitled to any portion of the estate of the declarant upon the declarant's death under any will of the declarant or codicil thereto then existing or under the Intestate Succession Act, (iii) they were not a physician attending the declarant, an employee of an attending physician, or an employee of a health facility, nursing home, or group-care home in which the declarant was a patient or resided, and (iv) they did not have a claim against the declarant.  I further certify that I am satisfied as to the genuineness and due execution of the declaration.
'This the ............ day of ......................., ........
Clerk (Assistant Clerk) of Superior Court or Notary Public (circle one as appropriate) for the County of ..........................'

The above declaration may be proved by the clerk or the assistant clerk, or a notary public in the following manner:
(1)	Upon the testimony of the two witnesses; or
(2)	If the testimony of only one witness is available, then
a.	Upon the testimony of the witness, and
b.	Upon proof of the handwriting of the witness who is dead or whose testimony is otherwise unavailable, and
c.	Upon proof of the handwriting of the declarant, unless signed by mark; or upon proof of any other circumstances as will satisfy the clerk or assistant clerk of the superior court, or a notary public as to the genuineness and due execution of the declaration.
(3)	If the testimony of none of the witnesses is available, the declaration may be proved by the clerk or assistant clerk, or a notary public
a.	Upon proof of the handwriting of the two witnesses whose testimony is unavailable, and
b.	Upon compliance with paragraph c. of subdivision (2) above.
Due execution may be established, where the evidence required above is unavoidably lacking or inadequate, by testimony of other competent witnesses as to the requisite facts.
The testimony of a witness is unavailable within the meaning of this subsection when the witness is dead, out of the State, not to be found within the State, insane or otherwise incompetent, physically unable to testify or refuses to testify.
If the testimony of one or both of the witnesses is not available the clerk or the assistant clerk, or a notary public or superior court may, upon proper proof, certify the declaration as follows:

'Certificate'

'I .........., Clerk (Assistant Clerk) of Court for the Superior Court or Notary Public (circle one as appropriate) of.......... County hereby certify that based upon the evidence before me I am satisfied as to the genuineness and due execution of the attached declaration by .............., declarant, and that the declarant's signature was witnessed by............, and .............., who at the time of the declaration met the qualifications of G.S. 90-321(c)(3).
'This the ...... day of ............, .........

Clerk (Assistant Clerk) of Superior Court or Notary Public (circle one as appropriate) for ............... County."
Sec. 3.  This act becomes effective July 1, 1993.  Declarations made and properly proved prior to this date remain in full force and effect.