Advance Directive

No. You don’t have to complete an advance directive, and you will still receive the care you need.

If you don’t have a living will or health care power of attorney and you become too sick to make your own decisions, your provider will talk with someone close to you.

North Carolina law allows certain people—like your spouse, parents, adult children, or siblings—to make decisions for you if you don’t have an advance directive. A member of your health care team can explain this option.

If you trust those people to speak for you, you may not need an advance directive.

If you want to choose someone outside your family to make decisions, or if you want to write down your wishes, it’s a good idea to complete an advance directive.

When you arrive, your nurse will ask if you have an advance directive.

If you have one with you, we can add it to your medical record.

If you don’t, your nurse will contact a trained representative who can explain the documents and answer your questions.

Once you’re ready, Duke Health will provide a notary to help complete the process.

To finish the notarization, you’ll need two adult witnesses who: 

• Are not related to you.
• Are not employees, volunteers, or students at Duke Health.
• Are 18 years or older.

You’ll also need valid state-issued identification.

After everything is signed and notarized, the document will be scanned into your medical record, and you’ll keep the original.

You should keep the original signed copy of your advance directive in a safe but accessible place (where others can easily access it).

It is important to share copies with your doctor, the person you choose to speak for you if you can’t (called a health care agent), and close family members.

You can request to have it added to your medical record, so your medical team can find it more easily.

Your advance directive goes into effect:

• You are very sick and won’t get better (terminal illness).
• You are in a deep coma, and doctors are sure you won’t wake up.
• You have serious brain damage or dementia that won’t improve.

Or when:

A doctor says you can’t make or share your own medical decisions.

You can fill out a new form to change or cancel your living will or health care power of attorney anytime. Please bring your new form to your doctor or hospital so it can be added to your electronic medical record.

In North Carolina, a valid advance directive must be signed in front of two qualified witnesses and a notary.

If an advance directive from another state does not meet North Carolina's legal requirements, Duke Health will not accept it.