Living Wills and Advance Directives in North Dakota

North Dakota uses a single document, the health care directive, which can give health care instructions (the living-will part), name a health care agent, or both. It must be in writing, dated, state the principal's name, be signed by the principal (or by another person at the principal's direction), and have the signature verified by a notary public or by at least two witnesses age 18 or older. At least one witness may not be a direct-care health care provider or its employee, and the notary or witnesses may not be the agent, the spouse or an heir, a relative, a person entitled to part of the estate, a creditor, a person financially responsible for the principal's care, or the attending physician. An optional statutory Health Care Directive form is printed in the statute; other forms that meet the chapter's requirements may also be used.

The health care agent is appointed in a health care directive (North Dakota does not use a separate 'health care proxy' document). The same signing rules apply: written, dated, signed by the principal, and either notarized or signed before two adult witnesses who meet the statute's eligibility rules (the agent cannot be a witness). The optional statutory Health Care Directive form includes a section for naming the agent and alternates.