Quickly create your North Dakota living will

You can complete FindLaw’s attorney-created living will forms in less than an hour at home. Our guided process takes you through a few easy steps and includes a free HIPAA release form. You’ll be able to download, print and sign your documents in no time.

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…and any other concerns you have!

Do you have children from a previous relationship or a child with special needs?

There are special considerations to make if you have a blended family or a child with special needs. In these cases, it may be best to talk to an attorney.

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Speaking with
a FindLaw Attorney

Our directory of experienced, local attorneys can help you with circumstances such as:

What’s included:

Being part of a blended family
Caring for children with special needs
Establishing and maintaining trusts
…and any other concerns you have!

Do you have a large estate or an interest in more advanced estate planning tools like trusts?

If your estate equals or exceeds a value of $1 million, or needs special estate planning tools like trusts, it may be best to talk with an attorney.

Yes

Speaking with
a FindLaw Attorney

Our directory of experienced, local attorneys can help you with circumstances such as:

What’s included:

Being part of a blended family
Caring for children with special needs
Establishing and maintaining trusts
…and any other concerns you have!

Are you looking to have your estate planning basics covered?

Our Estate Planning Package includes a Last Will & Testament, Health Care Directive & Living Will, and Financial Power of Attorney to cover all of your basic estate planning needs.

Yes

Do you have a spouse with similar needs?

Yes

Do you have minor children?

If you have minor children, you will want to name a guardian for them.

Yes

Do you have pets?

If you have a pet or pets, you will want to name someone to care for them.

Yes

Do you want to leave gifts to people or a charity?

If you want to give items or money to people or charities, you will want to make what are known as “specific gifts.”

Yes

Do you own a business?

If you own a business or a share of a business, you will want to plan for succession of ownership.

Yes

Do you want to decide how your property is distributed when you pass away?

Yes

Do you want someone to handle your health care decisions if you are unable?

In case you are incapacitated, you will want to list your health care preferences and name someone to handle your health care decisions.

Yes

Do you want to specify someone who can make financial decisions for you if you are unavailable or incapacitated?

Yes

Do you have a spouse with similar needs?

Yes

Do you have a spouse with similar needs?

Yes

Do you want to specify someone who can make financial decisions for you if you are unavailable or incapacitated?

Yes

Do you have a spouse with similar needs?

Yes

Do you have a spouse with similar needs?

Yes

Do you want someone to handle your health care decisions if you are unable?

In case you are incapacitated, you will want to list your health care preferences and name someone to handle your health care decisions.

Yes

Do you want to specify someone who can make financial decisions for you if you are unavailable or incapacitated?

Yes

Do you have a spouse with similar needs?

Yes

Do you have a spouse with similar needs?

Yes

Do you want to specify someone who can make financial decisions for you if you are unavailable or incapacitated?

Yes

Do you have a spouse with similar needs?

Yes

Speaking with
a FindLaw Attorney

Our directory of experienced, local attorneys can help you with circumstances such as:

What’s included:

Being part of a blended family
Caring for children with special needs
Establishing and maintaining trusts
…and any other concerns you have!

Estate Planning Package

For One person

*Select your state

$135

What’s included:

Last will and testament
Living will
Power of attorney
Free HIPAA release form
A comprehensive plan — for less
Free changes and revisions for up to one year after purchase

*Select your state

Power of Attorney

For one person

*Select your state

$39

What’s included:

Step-by-step guided process
A power of attorney that’s tailored to your needs
Attorney-approved document compliant with your state’s laws
Free changes and revisions to your will for up to one full year after purchase

*Select your state

Living Will

For One Person

*Select your state

$39

What’s included:

Step-by-step guided process
A living will tailored to your needs
Attorney-approved document compliant with your state’s laws
Free HIPAA release form
Free changes and revisions to your document for up to a full year after purchase

*Select your state

Last Will and Testament

For One Person

*Select your state

$79

What’s included:

Step-by-step guided process
Attorney-approved document compliant with your state’s laws
A last will and testament that’s customized to your wishes
Free changes and revisions to your will for up to one full year after purchase

*Select your state

Estate Planning Package

For two people

*Select your state

$255

What’s included:

Two wills, living wills, and powers of attorney
Two free HIPAA release forms
You and your loved one create your own estate plans tailored to your individual needs
Attorney-approved documents customized to your state’s laws
Free changes and revisions for up to one year after purchase

*Select your state

Power of Attorney

For two people

*Select your state

$78

What’s included:

Step-by-step guided process
A power of attorney that’s tailored to your needs
Attorney-approved document compliant with your state’s laws
Free changes and revisions to your will for up to one full year after purchase

*Select your state

Living Will

For Two People

*Select your state

$78

What’s included:

Step-by-step guided process
A living will tailored to your needs
Attorney-approved document compliant with your state’s laws
Free HIPAA release form
Free changes and revisions to your document for up to a full year after purchase

*Select your state

Last Will and Testament

For Two People

*Select your state

$149

What’s included:

Step-by-step guided process
Attorney-approved document compliant with your state’s laws
A last will and testament that’s customized to your wishes
Free changes and revisions to your will for up to one full year after purchase

*Select your state

Living Will + Power of Attorney

For one person

*Select your state

$78

What’s included:

Step-by-step guided process
A living will tailored to your needs
Attorney-approved document compliant with your state’s laws
Free HIPAA release form
Free changes and revisions to your document for up to a full year after purchase
A power of attorney that’s tailored to your needs
Free changes and revisions to your will for up to one full year after purchase

*Select your state

Last Will and Testament + Power of Attorney

For one person

*Select your state

$118

What’s included:

Step-by-step guided process
Attorney-approved document compliant with your state’s laws
A last will and testament that’s customized to your wishes
Free changes and revisions to your will for up to one full year after purchase
A power of attorney that’s tailored to your needs

*Select your state

Last Will and Testament + Living Will

For One Person

*Select your state

$118

What’s included:

Step-by-step guided process
Attorney-approved document compliant with your state’s laws
A last will and testament that’s customized to your wishes
Free changes and revisions to your will for up to one full year after purchase
A living will tailored to your needs
Free HIPAA release form
Free changes and revisions to your document for up to a full year after purchase

*Select your state

Living Will + Power of Attorney

For two people

*Select your state

$156

What’s included:

Step-by-step guided process
A living will tailored to your needs
Attorney-approved document compliant with your state’s laws
Free HIPAA release form
Free changes and revisions to your document for up to a full year after purchase
A power of attorney that’s tailored to your needs
Free changes and revisions to your will for up to one full year after purchase

*Select your state

Last Will and Testament + Power of Attorney

For two people

*Select your state

$227

What’s included:

Step-by-step guided process
Attorney-approved document compliant with your state’s laws
A last will and testament that’s customized to your wishes
Free changes and revisions to your will for up to one full year after purchase
A power of attorney that’s tailored to your needs

*Select your state

Last Will and Testament + Living Will

For Two People

*Select your state

$227

What’s included:

Step-by-step guided process
Attorney-approved document compliant with your state’s laws
A last will and testament that’s customized to your wishes
Free changes and revisions to your will for up to one full year after purchase
A living will tailored to your needs
Free HIPAA release form
Free changes and revisions to your document for up to a full year after purchase

*Select your state

Benefits of having a North Dakota living will

You can create a living will to specify your wishes for end-of-life care and life-sustaining medical treatment. In addition to protecting your autonomy and wishes for medical care, you can spare your loved ones from having to make difficult choices during a tragic time.

FindLaw provides everything you need:

Learn about your options for a DIY living will
Use the guided process to create a personalized living will
Find out how to make your living will valid
Find answers to common questions about living wills

Last updated: January 31, 2022

Written by:

Linda Long, J.D.

Contributing Author

Reviewed by:

Tim Kelly, J.D.

Contributing Author

Last updated: January 31, 2022

Written by:

Linda Long, J.D.

Contributing Author

Reviewed by:

Tim Kelly, J.D.

Contributing Author

North Dakota living will options to suit your needs

Living Will
For One Person

A do-it-yourself living will that’s easy to personalize.

$39

What’s included:

Step-by-step guided process

A living will tailored to your needs

Attorney-approved document compliant with your state’s laws

Free HIPAA release form

Free changes and revisions to your document for up to a full year after purchase

* Select your state:

BEST VALUE

Estate Planning Package
For One person

All the forms you need to create a personal estate plan

$135

What’s included:

Last will and testament

Living will

Power of attorney

Free HIPAA release form

A comprehensive plan — for less

Free changes and revisions for up to one year after purchase

* Select your state:

How it works

Create your living will in under an hour

Create an account

Create a secure account which is accessible through an easy dashboard you can access any time

Gather information

Decide who will be your health care agent/proxy, which treatments you would request or refuse and release your records

Complete your document

Answer all questions, then we’ll generate your digital documents for downloading, printing, and signing

Make it legal

Print and sign your document according to instructions. Give copies to your doctors and agent/proxy

What’s next to make my North Dakota living will valid?

Follow these steps:

Decide what kind of treatment you want to receive

When you make a living will, you select the types of treatment that you wish to receive during end-of-life care. The types of medical decisions you must make include, but are not limited to:

Life-sustaining treatment
Hospice care
Long-term care
Life-prolonging procedures
Wishes about resuscitation
Withdrawal of life support
The use of feeding tubes
Blood transfusions

Choose an agent

The first step is choosing a health care agent. Health care agents are responsible for carrying out your wishes you stated in your living will. You must choose a person you trust to act in your best interests. If an agent does not know what to do, it is their responsibility to act in your best interest based on their reasonable assumption of what they believe you would have wanted.

You can name anyone as your health care agent except for:

Your health care provider
A nonrelative who is an employee of your health care team
Your long-term care team
A nonrelative who is employed by the patient’s long-term care team

Sign and notarize

A living will must be signed by the person making it. Two witnesses must witness the signature. Witnesses cannot be related to you or be members of your medical team, and they cannot stand to benefit in any way from your living will.

Instead of two witnesses you can also choose sign in front of a notary public.

You may want to speak with a lawyer if:

Your family disagrees with your medical choices
You don’t know who to appoint as your agent
You have questions about life prolonging measures
You want legal review of your completed document

Find a local estate planning lawyer

Ready to start your North Dakota living will?

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Frequently asked questions about North Dakota living wills

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What is a living will?

Living wills are legal documents that put your health care treatment preferences in writing. In North Dakota, these documents can also be referred to as “advance directives” or “health care directives.” Living wills do not take effect until you become incapacitated.

What are the legal requirements for a living will?

To be valid in North Dakota, a living will must:

Be made by a person who is at least 18 years old
Be in writing
Be dated
State the legal name of the person executing the living will
Be signed by the principal (you) or another person the principal directs to sign on their behalf
Include a signed notary public verification page, or have signatures of the witnesses
Include a health care power of attorney, health care instruction, or both

What authority does my agent have?

In North Dakota, an agent has limited authority to make medical decisions on behalf of the patient. An agent’s authority only begins if and when you become incapacitated or incapable of making your own decisions. If you regain your capacity the agent’s power ends. The person who decides whether or not you are incapacitated is your attending physician. A physician must certify in writing that you have become incapacitated under state law. Once you are deemed incapacitated, your attending physician will need to speak with your agent. The agent may only make health care decisions in accordance with the your wishes as stated in the advance directive.

In the absence of knowing your wishes, the agent’s decision on your behalf is based what the agent believes is in your best interests. This includes what the agent thinks reflects your moral and religious values. Because this can be hard to know, it is always best to have your wishes clearly written out in a living will.

What is required by my health care team?

The health care team must follow your wishes stated in your living will. When your health care team is unable or unwilling to follow your wishes, it is the team’s responsibility to find another health care provider willing and able to provide you with the care that matches your preferences. Put simply, your health care provider must honor your advance directive.

Do I need an attorney to make a legally valid North Dakota living will?

You do not need an attorney to complete a legally valid living will in North Dakota. FindLaw’s attorneys have drafted North Dakota living will forms that you can trust to help you draft a complete and customized legal document.

FindLaw is not a law firm, and the forms are not a substitute for the advice or services of an attorney. If you have a complex case, or would like a lawyer’s review of your estate planning documents, please visit our directory to find a lawyer near you.

Complex family situation? Need additional guidance?

Contact a local estate planning attorney.

Quickly create your North Dakota living will

Find the estate planning form that’s right for you

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