North Dakota Living Will Requirements
Based on North Dakota Century Code Chapter 23-06.5
Quick Summary
- Document type: Health Care Directive
- 2 witnesses required
- Notarization not required (can substitute for witnesses)
Witness Requirements
North Dakota requires 2 witnesses who are present when you sign your health care directive. Witnesses have the following restrictions:
Witness restrictions:
- A witness cannot be the principal's health care agent
- A witness cannot be the principal's spouse or heir
- A witness cannot be related to the principal by blood, marriage, or adoption
- A witness cannot be entitled to any part of the principal's estate upon death under a will or deed
- A witness cannot have any claims against the principal's estate
- A witness cannot be directly financially responsible for the principal's medical care
- A witness cannot be the principal's attending physician
- At least one witness may not be a health care or long-term care provider providing direct care, or an employee of such provider
When Your Living Will Takes Effect
Your North Dakota living will becomes effective when the following conditions are met:
Terminal Illness
A condition caused by injury, disease, or illness from which, to a reasonable degree of medical certainty, there is no recovery and which, without the use of life-prolonging treatment, will result in death.
Persistent Vegetative State
A permanent state of unconsciousness in which the individual has no voluntary action or cognitive behavior and is unable to communicate or interact purposefully with the environment.
Irreversible Condition
A condition that is not reversible and for which the likely risks and burdens of treatment outweigh the expected benefits.
Important Notes for North Dakota
- North Dakota follows NDCC Chapter 23-06.5 (Health Care Directives)
- A health care directive may be either notarized or witnessed by two qualified adult witnesses
- Notarization may be used as an alternative to having two witnesses
- The notary may be an employee of a health care or long-term care provider providing care to the principal
- A health care directive combines living will instructions and health care power of attorney into one document
- A directive may be revoked at any time and in any manner by the principal without regard to mental or physical condition
- North Dakota provides an optional statutory form under NDCC 23-06.5-17
How to Revoke
You can revoke your living will at any time, regardless of your mental state, by:
- Physically destroying the document
- Creating a written revocation
- Verbally expressing your intent to revoke (in the presence of a witness)
Important: This tool provides a template for creating a living will based on your state's general requirements. It is not legal advice and does not replace consultation with a qualified attorney. For complex medical situations, blended families, or significant assets, we recommend having an attorney review your document.