Make a North Dakota Living Will

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.

North Dakota Living Will Law

§ 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.

• Part I covers the appointment of the health care agent and alternate agent. It also explains what the principal wants the agent to do, including mental health care treatment. There is extra space for the principal to explain what the agent is not allowed to do.
• Part II explains the principal's desires for health care including any religious beliefs or personal values. It also includes space for the principal to explain any fears they may have about health care. They may list who they want for their doctor, where they would like to die, and what they would like to happen to their body. There are other options for health care wishes as well. The principal is free to answer as many of the options as they would like, including what they would like their doctor to do to "keep me comfortable."
• Part III explains whether they would make any anatomical gifts.
• Part IV is in place to make the document legal. Once this area is properly completed, the health care agent and the principal's physician or the treating physician have the job to follow the document in good faith. It must be signed by witness one and witness two. Option 1: Notary public means that the signatures of the declarant or principal, as well as the witnesses and the signature of the agent, must take place in the presence of the notary. You may also use "I sign my name" only in front of the two witnesses.

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.