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Putting It In Writing First

G.S. 32A-16 — two qualified witnesses and a notary, both

In North Carolina, a health care power of attorney is a written instrument, substantially meeting the article's requirements, that is signed in the presence of two qualified witnesses and acknowledged before a notary public.

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Both, not either. The definition requires the witnesses and the notary's acknowledgment together. The notary may, but need not, be a paid employee of the attending physician, a health facility, or a nursing home or adult care home where the principal lives.

The assumptionWhat the law actually does
The assumptionWitnesses or a notary will doWhat the law actually doesTwo qualified witnesses and a notary's acknowledgment
The assumptionA nursing home employee can never be involvedWhat the law actually doesThe notary may be a paid employee of the facility

Who decides when nothing was signed, how a directive is revoked, and the forms a state publishes are not all on this page. Whether a particular document was executed properly is a question for a licensed North Carolina attorney.

Sources for this section (1)
  1. G.S. 32A-16 — Health care powers of attorney: definitions

Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed North Carolina attorney.

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