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A North Dakota living will is often referred to as a healthcare directive form or an advance directive. A North Dakota living will documents your health care instructions related to medical care. A North Dakota health care advance directive will be consulted by healthcare professionals, such as a long-term care provider, if you are unable to make your own medical decisions because of a medical condition or injury. It is a legal document. Some of the decisions you may want to include are those that you abstain from because of your religious beliefs, whether you wish to make a tissue donation or making an anatomical gift, artificial nutrition and hydration, comfort care, direct care, and what you consider conditions that make it acceptable or worth living. You can also list if you are an organ donor.
This document will also be used to name a healthcare agent and alternate agent. The person named as a healthcare agent is responsible for making your medical decisions if you aren't able to do it. A North Dakota living will need the signatures of two witnesses or you need to have it notarized. North Dakota law states that your witnesses cannot be an employee of a health care provider that takes care of you.
The purpose of a living will is to make your wishes known related to your healthcare in the event you are no longer able to voice your own decisions. It also makes a very difficult time much easier for your family members and other loved ones. If you're thinking to yourself that "I want someone to make health care decisions for me" and that this document works in the same manner as a power of attorney, medical power of attorney (also known as a healthcare power of attorney), or durable power of attorney, it does not. A power of attorney of any sort cannot be used to make end-of-life decisions.
§ 23-06.5-01 through § 23-06.5-19: A North Dakota living will, referred to as a healthcare directive, provides one or more instructions for medical professionals, such as the principal's physician, to follow in the event that the principal is unable to voice their desires. The document may also appoint a healthcare agent to help ensure the wishes expressed in the document are followed.
The document is broken down into several parts.
It’s important to keep in mind that a North Dakota living will only provides a way for you to document your wishes related to healthcare. For all other decisions, you should use a North Dakota last will and testament.
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