Quickly create your North Dakota health care directive

You can complete FindLaw’s attorney-created health care directive 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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Benefits of having a North Dakota health care directive

You can create a health care directive 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:

Last updated: January 31, 2022

Written by:

Linda Long, J.D.

Contributing Author

Reviewed by:

Tim Kelly, J.D.

Contributing Author

North Dakota health care directive options to suit your needs

Health Care Directive
For One Person

A do-it-yourself health care directive that’s easy to personalize.

$39

What’s included:

Step-by-step guided process

A health care directive 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

Health care directive

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 health care directive 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 health care directive valid?

Follow these steps:

Decide what kind of treatment you want to receive

When you make a health care directive, 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 health care directive. 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 health care directive 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 health care directive.

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

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Frequently asked questions about North Dakota health care directives

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What is a health care directive?

Health care directives 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 “living wills.” Health care directives do not take effect until you become incapacitated.

What are the legal requirements for a health care directive?

To be valid in North Dakota, a health care directive 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 health care directive
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 health care directive.

What is required by my health care team?

The health care team must follow your wishes stated in your health care directive. 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 health care directive?

You do not need an attorney to complete a legally valid health care directive in North Dakota. FindLaw’s attorneys have drafted North Dakota health care directive 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.