Medical Power of Attorney in North Dakota

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.

A health care directive may name a health care agent, give health care instructions, or both. It must be in writing, dated, state the principal's name, be signed by the principal (or another person at the principal's direction), and have the signature verified by a notary public or at least two witnesses age 18 or older. At least one witness may not be a direct-care health care provider or its employee. 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 provided; other forms that comply with the chapter may be used.

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.

For health care, N.D. Cent. Code § 23-06.5-17 sets out an optional "Health Care Directive" form that lets you name a health care agent, give health care instructions, and make an organ and tissue donation; another form may be used if it complies with the chapter. A health care directive must be in writing, dated, and signed by the principal (or by someone the principal authorizes), and the signature must be verified by a notary public or by at least two witnesses age 18 or older; at least one witness must not be a health care or long-term care provider giving direct care to the principal. North Dakota's durable power of attorney chapter (N.D. Cent. Code ch. 30.1-30) does not contain a statutory form for a financial power of attorney.