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Who Decides When You Cannot

N.D.C.C. § 23-12-13 — an agent first, then a guardian, then family in a set order

When an adult patient cannot understand or communicate a health care decision, as a physician, psychiatrist or psychologist certifies, consent comes from the first available of these, unless a court decides otherwise:

  • N.D.C.C. § 23-12-13
  • A health care agent named in a directive.
  • A court-appointed guardian or custodian.
  • A spouse who has kept significant contact.
  • An adult child, then a parent, then an adult sibling, each with significant contact, and then the further relatives the section lists.
  • N.D.C.C. § 23-12-13
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Sources for this section (1)
  1. N.D.C.C. § 23-12-13 — Individuals authorized to provide informed consent to health care for incapacitated patients and minors - Priority

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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