Fast. Easy. Reliable. Get Your North Dakota Health Care Directive and Living Will
FindLaw’s team of attorneys has developed health care directive and living will forms you can use to create a legal document tailored to North Dakota laws. You can make your medical wishes known with ease using our step-by-step process. Provide you and your loved ones the peace of mind that comes with a North Dakota health care directive and living will through FindLaw.
Benefits of Having a North Dakota Health Care Directive and Living Will
You can create a health care directive and 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.
North Dakota Health Care Directive and Living Will Options To Fit Your Needs
Health Care Directive & Living Will
For One Person
A do-it-yourself health care directive & living will that’s easy to personalize.
Estate Planning Package
For One Person
All the forms you need to create a personal estate plan.
How It Works
Create your health care directive & living will in under an hour.
Answer Some Questions
Decide who will be your health care agent/proxy and which medical treatments you would request or refuse.
Create an Account
Creating an account is easy, quick, and secure. Save your information as you go and return when you have time.
Complete Your Document
Once you answer the relevant questions, we do the hard part and create your unique document.
Print, Sign & Make It Legal
Print and sign your document according to the instructions. Give a copy to your doctors and agent/proxy.
What’s Next To Make My North Dakota Health Care Directive and Living Will Valid?
Follow these steps: See full process
Decide what kind of treatment you want to receive.
When you make a health care directive and 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 health care directive and 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 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 and 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
Ready to get started on Your North Dakota healthcare directive & living will? It’s free to start.Create My Form
North Dakota Health Care Directive and Living Will FAQs
Health care directives and 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.” Health care directives and living wills do not take effect until you become incapacitated.
To be valid in North Dakota, a health care directive and 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 health care directive and 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
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 and living will.
The health care team must follow your wishes stated in your health care directive and 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.
You do not need an attorney to complete a legally valid health care directive and living will in North Dakota. FindLaw’s attorneys have drafted North Dakota health care directive and 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.
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