A living will form in North Dakota, also known as a “Health Care Directive,” a legal document allowing individuals to express their wishes regarding medical treatment when they can no longer communicate their decisions due to illness or incapacity. The North Dakota living will is crucial for guiding healthcare providers and loved ones in making decisions that align with the individual’s preferences concerning life-sustaining treatments.
A filled and signed living will template only comes into effect under specific conditions, typically when a physician determines that you are no longer able to make or communicate health care decisions due to a medical condition. Paired with a living will, a medical power of attorney for Health Care lets you appoint a “health care agent” (also known as a health care proxy) who will make medical decisions on your behalf if you are incapacitated. This agent’s authority can be as broad or as limited as you specify.
The individual making the living will (known as the declarant) must be of sound mind and at least 18 years old. The living will must be signed in the presence of two competent adult witnesses. The witnesses must meet the following criteria:
These witnesses verify the authenticity of the living will and the competence of the declarant at the time of signing. The legal framework for living wills in North Dakota is outlined in the North Dakota Century Code, Chapter 23-06.5. This chapter provides detailed regulations concerning the creation and execution of advance directives. Here are some of the pertinent sections:
Compliance with these sections ensures that the living will is legally sound and the specified medical preferences are followed. Regular updates to the document should also be considered as personal circumstances or state laws change.
| Document Name | North Dakota Living Will Form |
| State Form Name | North Dakota Health Care Directive |
| Signing Requirements | Two Witnesses |
| Validity Requirements | 23-06.5-05 |
| Powers Limitation | 23-06.5-06 |
| State Laws: North Dakota Century Code, Sections 23-06.5-01 to 23-06.5-19 | |
Filling out the North Dakota Health Care Directive requires careful thought and precise completion to ensure that it reflects your true intentions and is legally binding.
1. Identify Yourself
Start by entering your full name at the beginning of the document, confirming that you understand the purpose and power of the document.
2. Appoint a Health Care Agent
If you choose to appoint a health care agent, fill in the name, relationship, telephone number, and address of the person you trust to make health care decisions on your behalf. This section ensures that someone you trust can oversee your health care according to your instructions.
3. Specify Health Care Instructions
Detail your health care instructions in the designated section. This part is crucial as it guides your agent and health care providers in making decisions that align with your preferences. You can include instructions on what medical treatments you would or would not want under various health conditions.
4. Organ and Tissue Donation
If you wish to make an anatomical gift, indicate your choice regarding organ and tissue donation. This part allows you to specify whether you want to donate all needed organs and tissues or only specific ones.
5. Legalize the Document
To make the health care directive legally binding, sign the document in the presence of two qualified witnesses or a notary. This step ensures that the form complies with legal standards and that your wishes are formally recognized.
6. Witness and Notary Signatures
Have your witnesses or the notary public sign the form, verifying that you acknowledged and signed the document willingly and were of sound mind at the time of signing.
7. Agent’s Acceptance
The person designated as your health care agent should sign the document to accept their appointment and acknowledge their understanding of their responsibilities.
