Healthcare directive requirements

North Dakota

What you need to create a valid advance healthcare directive in North Dakota.

Notarization

Alternative

Witnesses or notary accepted

Witnesses required

2

North Dakota requires 2 witnesses

Online notary

Authorized

Since 2019

Execution requirements

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Notarization — Alternative accepted

Acknowledged before a notary public — N.D. Cent. Code §23-06.5-05

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Witnesses — 2 required

North Dakota requires 2 witnesses for a valid healthcare directive. Witnesses cannot be your healthcare agent.

Written and signed

The directive must be in writing and signed by you while of sound mind and at least 18 years old.

Distribute copies

Provide signed copies to your healthcare agent, primary care physician, and any hospital or care facility. Keep the original somewhere accessible.

North Dakota-specific notes

At least one witness must not be a healthcare provider or facility employee
Remote online notarization: North Dakota authorized RON in 2019. You may be able to have your directive notarized via video conference through an approved RON provider.

What a healthcare directive covers

A healthcare directive (advance directive) lets you document your medical wishes and name someone to make decisions if you cannot speak for yourself. It typically covers:

  • Who makes medical decisions on your behalf (healthcare proxy / agent)
  • Life-sustaining treatment preferences
  • Artificial nutrition and hydration
  • Palliative care and comfort measures
  • Organ and tissue donation
  • Resuscitation (CPR) preferences

This information is general in nature and not legal advice. Laws change — consult a licensed estate planning attorney in North Dakota for guidance specific to your situation.