Advance Directive for Health Care Form - North Dakota

Advance Directive for Health Care Form - North Dakota

The North Dakota Health Care Directive - also referred to as the Advance Directive - is a set of written legal instructions regarding an individual's wishes and preferences for medical care that become effective in the events when they are unable to make decisions for themselves. The document was released by the North Dakota Department of Human Services and is available for download below.

There is a difference between this form and a Living Will in North Dakota. Advance Directives come into force in all cases when an individual is too ill to communicate or unconscious. A Living Will is a specific type of directive that takes effect when a patient is terminally ill and only lists decisions about life-sustaining medical procedures.

The North Dakota Advance Directive is regulated by § 23-06.5-01 to § 23-06.5-19 (Health Care Directives). The document must contain verification either by a notary public or by several witnesses.

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What Is a North Dakota Advance Directive?

An Advance Directive is a document in which an individual states their preferences regarding health care procedures that become effective when they are no longer able to make decisions for themselves. The contents can be updated and changed as often as the individual wishes.

The form includes two parts in total:

  1. A Living Will - a specific type of Advance Directive which can also be used on its own - is a signed and witnessed document called a "declaration" or "directive" with instructions for an attending physician to withhold or withdraw certain medical interventions once the signer is no longer able to verbally make decisions about medical treatment.
  2. A Durable Power of Attorney for Health Care - otherwise known as a Health Care Proxy - is a notarized document in which the signer designates an agent to make health-related decisions on their behalf.

How to Write an Advance Directive in North Dakota?

  1. Decide on whether you want to include a Living Will in your Advance Health Care instructions.
  2. If you decided to include a Living Will be specific about such things as CPR, breathing machines, antibiotics, kidney dialysis, tube-feeding, and certain surgical procedures that you are willing to authorize.
  3. Discuss your decisions with your partner or spouse, your doctor, and your attorney.
  4. Elect a decision-maker - a health care proxy or agent. Choose someone you believe will be able to follow your wishes whatever those may be. This will help ensure that your wishes are carried out correctly and in full.
  5. Give a copy of the document to your health care proxy and ask for it to be kept in a safe place. Keep the original in an easy-to-find place. Do not lock it in a safe-deposit box or filing cabinet that only you can access.

Download Advance Directive for Health Care Form - North Dakota

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