North Dakota Healthcare Power of Attorney Overview
In North Dakota, a healthcare power of attorney is governed by N.D. Cent. Code § 23-06.5-03. This legal document allows you to designate a healthcare agent who can make medical decisions on your behalf if you become unable to make or communicate those decisions yourself. North Dakota law ensures that your healthcare agent has the authority to work with healthcare providers to carry out your wishes regarding medical treatment.
Your healthcare agent can make decisions about medical treatments, surgeries, medications, hospital stays, end-of-life care, and access to your medical records. The healthcare power of attorney typically takes effect only when a physician determines that you are unable to make decisions for yourself, though North Dakota law may allow you to make it effective immediately if you prefer.
Creating a healthcare power of attorney in North Dakota requires 2 witnesses and notarization is required. While North Dakota does not mandate a specific form, the document must meet all requirements under N.D. Cent. Code § 23-06.5-03.
No
Statutory form required
2
Witnesses required
Required
Notarization
Yes
HIPAA included
North Dakota Requirements
To create a valid healthcare power of attorney in North Dakota, you must meet the following requirements under N.D. Cent. Code § 23-06.5-03:
Important: North Dakota Execution Requirements
North Dakota requires 2 witnesses for a valid healthcare power of attorney. The document must also be notarized. Witnesses cannot include your designated healthcare agent or your treating healthcare provider.
- Legal Age: You must be at least 18 years old and mentally competent at the time of signing
- Witnesses: North Dakota requires 2 witnesses who are not the healthcare agent or healthcare provider
- Notarization: Required in North Dakota
- Agent Designation: Name a primary healthcare agent and optionally an alternate
- HIPAA Authorization: Included in statutory form
How to Create Your North Dakota Healthcare Power of Attorney
Follow these steps to create a valid healthcare power of attorney that complies with North Dakota law.
Choose Your Healthcare Agent
Select a trusted individual to serve as your healthcare agent in North Dakota. This person should understand your healthcare values, be willing to advocate on your behalf, and be available in case of emergency. Consider naming an alternate healthcare agent as well.
Specify Your Healthcare Wishes
Document your preferences regarding medical treatments, end-of-life care, organ donation, DNR orders, and mental health treatment. Be as specific as possible about what treatments you do and do not want under various circumstances.
Include HIPAA Authorization
Add HIPAA authorization to ensure your healthcare agent can access your medical records and communicate with your healthcare providers in North Dakota. Without this, providers may legally refuse to share your medical information.
Sign with Witnesses and Notarize
Execute the document with 2 witnesses as required by North Dakota law. You must also have the document notarized. Distribute copies to your healthcare agent, physicians, hospital, and family members.
Choosing Your North Dakota Healthcare Agent
In North Dakota, your healthcare agent will have significant authority over your medical care. Choose someone who understands your values and can make difficult decisions under pressure.
- Trustworthy: Someone who will follow your wishes, not impose their own preferences
- Accessible: Someone who can be reached quickly and can travel to North Dakota if needed
- Assertive: Someone who can communicate effectively with medical professionals
- Emotionally capable: Someone who can handle the stress of making life-or-death decisions
Sample North Dakota Healthcare Power of Attorney
Below is a preview of our North Dakota-specific healthcare power of attorney template.
STATE OF NORTH DAKOTA
HEALTHCARE POWER OF ATTORNEY
N.D. Cent. Code § 23-06.5-03
PRINCIPAL (You):
Name: [Your Name]
Address: [North Dakota Address]
HEALTHCARE AGENT:
Name: [Agent Name]
Relationship: [Relationship]
Phone: [Phone]
North Dakota Healthcare Power of Attorney FAQ
Answers to common questions about North Dakota healthcare power of attorney requirements and procedures.
Official North Dakota Resources
Use these official resources to verify North Dakota requirements and access government forms.
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