How to Revoke a Living Will in North Carolina

Your medical wishes can change after a new diagnosis, a marriage, or simply a shift in how you think about end-of-life care. North Carolina law makes revoking a living will straightforward — you can do it at any time while you have mental capacity. The catch is making sure the revocation actually reaches the people who matter.

Four Legal Methods of Revocation

Under N.C.G.S. § 90-321, a competent declarant can revoke a living will (Advance Directive for a Natural Death) using any of these methods:

1. Execute a new living will. Signing a new advance directive that explicitly states it revokes all prior versions is the cleanest approach. The new document supersedes the old one automatically.

2. Write a signed revocation statement. A simple written statement — "I hereby revoke my Advance Directive for a Natural Death dated [date]" — signed and dated by you is legally sufficient. No witnesses or notary are required for the revocation itself.

3. Verbally revoke it. Tell your attending physician directly that you revoke your living will. The physician should document the oral revocation in your medical record. Verbal revocation works even if the physical document still exists.

4. Physically destroy the document. Tearing up, shredding, or burning the original living will constitutes revocation. However, this only destroys one copy — and you likely distributed others.

The Copy Problem

Most people distribute their living will to multiple recipients: their healthcare agent, primary care physician, specialists, hospitals (via MyChart or similar portals), and possibly the NC Secretary of State's Advance Health Care Directive Registry.

Destroying the original at home doesn't revoke the copies. Your physician may still have a scan in your electronic medical record. The Secretary of State's registry may still list it.

After revoking, take these steps:

• Notify your healthcare agent that the living will is revoked
• Contact your physicians and ask them to update your medical record
• Update patient portals — remove or replace the uploaded document
• Contact the Secretary of State if you registered the directive (write to the Advance Health Care Directive Registry requesting removal)
• Notify anyone who received a copy

The Divorce Auto-Revocation Rule

If you named your spouse as your healthcare agent in a Health Care Power of Attorney and you later divorce, North Carolina law automatically revokes the spousal appointment. The rest of the HCPOA — including any successor agents — remains valid.

This automatic revocation applies only to the HCPOA, not to the living will itself. If your living will references your spouse in any capacity, you should execute a new one after the divorce to avoid confusion.

Can Someone Else Revoke Your Living Will?

No. Only the person who signed the living will can revoke it — and only while they have mental capacity. Family members, healthcare agents, and physicians cannot revoke your living will on your behalf.

If you lose capacity, the living will remains in effect as written. This is why the initial drafting matters so much: once you can no longer change it, the document speaks for you.

When to Update Instead of Revoke

Sometimes you don't need a full revocation — you need a revision. Common triggers:

• A new diagnosis changes your treatment preferences
• You want to add or remove the dementia trigger clause
• You've changed your mind about artificial nutrition and hydration
• Your healthcare agent has died, moved, or the relationship has changed

In each case, the simplest approach is to execute a new living will that revokes the prior version and reflects your current wishes. Then redistribute the new version to all the same recipients.

The North Carolina Advance Directive & Living Will Kit includes instructions for both initial execution and future updates, along with a distribution tracker so you know exactly who has a copy when it's time to revoke or replace.

See more North Carolina guides →