Is a durable power of attorney from another state valid in North Carolina?
Most states will recognize a Durable Power-of-Attorney as valid if it was validly created under another state's law. However, to be certain there are no problems, it is best to execute a proper form for your current state or at least compare the requirements of each state for a valid Durable Power of Attorney to see if they are the same.
A durable power of attorney is an agreement that endures, even after the once non-incapacitated principal becomes incapacitated. In a durable power of attorney, the non-incapacitated principal names another person to act on his/her behalf in the event that the principal becomes unable to manage his/her own affairs. The person named in the durable power of attorney will not have to petition a court formally to declare the principal incapacitated. A durable power of attorney agreement is important because if the condition of the principal deteriorates, it will not be necessary for the family to seek formal guardianship—a process that takes time, often results in high legal fees and is more restrictive on the rights of the principal.
North Carolina recognizes a Power of Attorney for Healthcare which gives the person you designate as your agent/attorney in fact the power to make health care decisions for you. Your agent must act consistently with your desires as stated in this Power of Attorney. This document gives your agent the power to consent to your doctor not giving treatment or stopping treatment necessary to keep you alive. You have the right to make health care decisions for yourself as long as you can give informed consent. No treatment may be given over your objection and health care necessary to keep you alive may not be stopped or withheld if you object.