[NC] Is a medical power of attorney valid if signed by a husband diagnosed with Alzheimer’s?
My husband was diagnosed with Alzheimer’s 3 months ago — is his signature on this Medical Power of Attorney as of today valid?
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Thank you. Here’s what you need to know in North Carolina:
A Medical Power of Attorney must be signed by someone with legal capacity at that moment (N.C. Gen. Stat. § 32A-16). An Alzheimer’s diagnosis alone does not automatically remove capacity. He must understand what the document is and what authority it gives.
In NC, the MPOA must be:
• Signed while the person is competent
• Witnessed by two qualified adults
• Notarized
If his cognitive decline is significant, someone could later challenge whether he had capacity at signing. If you are unsure of his current capacity, you may want to:
• Get a doctor’s written statement confirming he still has capacity, or
• Act quickly before further decline (N.C. Gen. Stat. § 32A-16(3)).
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My husband was diagnosed with Alzheimer’s 3 months ago — is his signature on this Medical Power of Attorney as of today valid?
Lexi, Chatbot
I’m sorry to hear about your husband’s diagnosis. When was the Medical Power of Attorney signed?
It hasn’t been signed yet. We were planning to get it signed this week.
Lexi, Chatbot
Has your husband been evaluated by a medical professional regarding his capacity to understand and sign legal documents?
No, he has not.
Lexi, Chatbot
Is there anything else the lawyer should know before I connect you?
I don’t know of anything else.
Hammad S. Esq.
Hi there. Can you tell me what state you are in so I can assist you better?
North Carolina.
Hammad S. Esq.
Thank you. Here’s what you need to know in North Carolina:
A Medical Power of Attorney must be signed by someone with legal capacity at that moment (N.C. Gen. Stat. § 32A-16). An Alzheimer’s diagnosis alone does not automatically remove capacity. He must understand what the document is and what authority it gives.
In NC, the MPOA must be:
• Signed while the person is competent
• Witnessed by two qualified adults
• Notarized
If his cognitive decline is significant, someone could later challenge whether he had capacity at signing. If you are unsure of his current capacity, you may want to:
• Get a doctor’s written statement confirming he still has capacity, or
• Act quickly before further decline (N.C. Gen. Stat. § 32A-16(3)).
Thank you — that’s what I thought, but I appreciate the confirmation and recommendation.
Hammad S. Esq.
You’re welcome. I don’t see further questions, so I’ll go ahead and close this out. All the best!
Hammad S. Esq.
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