North Carolina General Statutes 32A-32. Duration of authorization; revocation
(a) An authorization to consent to health care for minor shall be automatically revoked as follows:
(1) If the authorization to consent to health care for minor specifies a date after which it shall not be effective, then the authorization shall be automatically revoked upon such date.
Terms Used In North Carolina General Statutes 32A-32
- Agent: means the person authorized pursuant to this Article to consent to and authorize health care for a minor child. See North Carolina General Statutes 32A-29
- Authorization to consent to health care for minor: means a written instrument, signed by the custodial parent and acknowledged before a notary public, pursuant to which the custodial parent authorizes an agent to authorize and consent to health care for the minor child of the custodial parent, and which substantially meets the requirements of this Article. See North Carolina General Statutes 32A-29
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Custodial parent: means a parent having sole or joint legal custody of that parent's minor child. See North Carolina General Statutes 32A-29
- Health care: means any care, treatment, service or procedure to maintain, diagnose, treat, or provide for a minor child's physical or mental or personal care and comfort, including life sustaining procedures and dental care. See North Carolina General Statutes 32A-29
(2) An authorization to consent to health care for minor shall be revoked upon the minor child’s attainment of the age of 18 years or upon the minor child’s emancipation.
(3) An authorization to consent to health care for minor executed by a custodial parent shall be revoked upon the termination of such custodial parent’s rights to custody of the minor child.
(b) An authorization to consent to health care for minor may be revoked at any time by the custodial parent making such authorization. The custodial parent may exercise such right of revocation by executing and acknowledging an instrument of revocation, by executing and acknowledging a subsequent authorization to consent to health care for the minor, or in any other manner in which the custodial parent is able to communicate the parent’s intent to revoke. Such revocation shall become effective only upon communication by the custodial parent to the agent named in the revoked authorization.
(c) In the event of a disagreement regarding the health care for a minor child between two or more agents authorized pursuant to this Article to consent to and authorize health care for a minor, or between any such agent and a parent of the minor, whether or not the parent is a custodial parent, then any authorization to consent to health care for minor designating any person as an agent shall be revoked during the period of such disagreement, and the provisions of health care for the minor during such period shall be governed by the common law, the provisions of Article 1A of Chapter 90, and other provisions of law, as if no authorization to consent to health care for minor had been executed.
(d) An authorization to consent to health care for minor shall not be affected by the subsequent incapacity or mental incompetence of the custodial parent making such authorization. (1993, c. 150, s. 1.)