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A Health Care Directive

N.D.C.C. § 23-06.5-05 — written, dated, signed, and verified by a notary or two adult witnesses

A health care directive can give instructions and name an agent to make health care decisions when the principal lacks capacity, which the attending physician certifies in writing. The agent follows the principal's known wishes, or otherwise the principal's best interests.

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  • It is written, dated, names the principal, and includes an instruction or a power of attorney for health care.
  • The signature is verified by a notary or by at least two witnesses who are at least eighteen, one of whom is not a provider giving direct care.
  • The agent cannot be the principal's own health care or long-term care provider, or a nonrelative employee of one.
  • It is revoked by telling the agent or a provider, by any act showing intent, or by a new directive; divorce revokes a spouse's appointment as agent.
Sources for this section (4)
  1. N.D.C.C. § 23-06.5-03 — Health care directive
  2. N.D.C.C. § 23-06.5-05 — Health care directive requirements - Execution and witnesses
  3. N.D.C.C. § 23-06.5-04 — Restrictions on who can act as agent
  4. N.D.C.C. § 23-06.5-07 — Revocation

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed North Dakota attorney.

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