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Will.com / Healthcare directive / North Dakota

ND · Health Care Directive

Make your North Dakota healthcare directive.

Tell doctors what care you want and name someone to speak for you if you can't. Legally valid in North Dakota once signed under the North Dakota signing rules below. Free to create, or add secure online document storage with the $29/year subscription.

North Dakota healthcare directive requirements

Witnesses required2 witnesses, or a notary
NotarizationNotary OR 2 witnesses
Official formHealth Care Directive

How it works

  1. 1

    Answer a few questions

    About your care preferences and who you want making decisions.

  2. 2

    Download your healthcare directive

    A complete, personalized document, formatted for North Dakota.

  3. 3

    Sign and share

    Notary OR 2 witnesses. Not everyone can witness it, so read the witness statement on the document before you choose. Give a copy to your doctor and to any healthcare agent and alternate agent you named.

What governs a North Dakota directive

North Dakota's healthcare-directive statute is at N.D. Cent. Code §23-06.5-01 et seq. The official form is the Health Care Directive. Your directive is valid the moment it's signed under your state's witness and notary rules above; it only takes effect if your physician determines you can't make or communicate decisions yourself.

Witness rules for your North Dakota directive

N.D.C.C. §23-06.5-05(2): the principal's signature must be verified by a notary public or by at least two subscribing witnesses who are at least eighteen years of age. Neither the notary public nor any witness may be, at the time of execution, the agent, the principal's spouse or heir, a person related to the principal by blood, marriage, or adoption, a person entitled to any part of the principal's estate upon death under a will or deed in existence or by operation of law, any other person who has a claim against the principal's estate at the time of execution, a person directly financially responsible for the principal's medical care, or the principal's attending physician. In addition, at least one witness must not be a health care or long-term care provider providing direct care to the principal, or an employee of such a provider, on the date of execution; §23-06.5-05(2) expressly permits the person notarizing the document to be an employee of such a provider. Under §23-06.5-05(1)(d), the directive may carry the principal's own signature or the signature of another person the principal authorized to sign on the principal's behalf, and that signature is the one the notary or the witnesses verify. If the principal is physically unable to sign, §23-06.5-05(2) lets some other person write the principal's name in the principal's presence and at the principal's express direction.

Two tiers, both private

Free: nothing leaves your browser. No account, no storage. Clear your answers whenever.

Subscription ($29/year): zero-knowledge encrypted storage. We store the ciphertext; only you hold the key. Edit and update as life changes.

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