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More Information on Living Wills
| Code Section | 23-06.4-01, et seq. Uniform Rights of Terminally Ill Act |
| Specific Powers, Life-Prolonging Acts | Any medical procedure, treatment, or intervention that serves only to prolong the process of dying. Does not include the provision of the appropriate nutrition and hydration (presumed to be in the best interests of the patient) or any medical procedure necessary to provide comfort care or to alleviate pain or procedures performed in emergency, pre-hospital situations; medical treatment must be provided to a pregnant patient-unless to a reasonable degree of certainty, such treatment won't maintain patient to ensure live birth or is physically harmful |
| Legal Requirements for Valid Living Will | (1) Sound mind; (2) 18 yrs.; (3) signed by declarant; (4) witnessed by 2 persons; (5) substantially same form as §23-06.4-03 (3) (may add specific directives) |
| Revocation of Living Will | Revocable at any time in any manner as long as declarant is competent, including (1) by signed, dated writing; (2) destruction of document; (3) oral expression of intent to revoke. Effective upon communication to physician or other health care provider |
| Validity from State-to-State | Effective if executed in another state by a resident of that state in compliance with the laws of that state or the laws of North Dakota |
| If Physician Unwilling to Follow Durable Power of Attorney | Physician must take all reasonable steps to transfer patient as promptly as practical to physician willing to comply with statute |
| Immunity for Attending Physician | No civil, criminal, or professional liability for actions authorized by statute unless done in a grossly negligent manner |
Note: State laws are not carved in stone and are subject to change at any time, usually when newly signed legislation is enacted or when a higher court's decision creates a new legal precedent. You may want to contact a North Dakota health care attorney or estate planning lawyer, or conduct your own legal research to verify the state law(s) you are researching.
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