North Dakota Living Will and Health Care Directive
Put your medical treatment wishes in writing and choose the person who will speak for you if you cannot speak for yourself.
Includes 30 days of edits
- 5 to 20 minutes
- Print-ready PDF
- Tailored to North Dakota
North Dakota rules at a glance
Living will formalities
- Name of the document
- Health Care Directive
- Witnesses
- 2 witnesses
- Or a notary instead of witnesses
- Notarization
- Instead of witnesses
A North Dakota health care directive must be signed and the signature verified either by a notary public or by at least two adult witnesses.
When you create this living will and health care directive for North Dakota, the questionnaire uses North Dakota as the governing law and adds wording that defers to North Dakota requirements where they apply.
General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.
What is a Living Will and Health Care Directive?
A living will and health care directive, often called an advance directive, is a written statement of how you want to be treated if you become too ill or injured to make or communicate medical decisions. It usually has two parts: a living will, which records your wishes about life-sustaining treatment, pain relief and comfort care, and a health care power of attorney, which names a trusted person (your health care agent, proxy or surrogate) to make decisions for you.
Without a directive, doctors and hospitals look to state law to decide who may speak for you, often a spouse, adult child or parent in a set order. That person may not be the one you would pick, and family members may disagree about what you would have wanted. A directive lets you make those choices ahead of time and spares your loved ones from guessing during a crisis.
This document combines both parts in one form. It covers your agent and alternate, the powers they have, your wishes for specific medical situations, artificial nutrition and hydration, pain management, organ and tissue donation, and HIPAA access to your records, followed by witness and notary signing pages.
When to use it
- You want to decide in advance whether life-sustaining treatment should be used if you have a terminal or irreversible condition.
- You want to name one trusted person to make medical decisions for you instead of leaving it to state default rules.
- You are facing surgery, a serious diagnosis or a hospital stay and want your wishes on file.
- You are an adult of any age who wants to spare family members from making hard decisions without guidance.
- You have moved to a new state, married, divorced or changed your mind about an earlier directive.
What is included
- Appointment of a health care agent and an alternate agent
- When the agent's authority begins and the powers granted
- Optional limits on the agent's authority
- Treatment wishes for terminal illness, permanent unconsciousness and end-stage conditions
- Choices about specific treatments such as CPR, ventilators and dialysis
- Artificial nutrition and hydration preferences
- Pain relief, comfort care and preferred place of care
- Organ, tissue and body donation choices
- HIPAA authorization and nomination of a guardian
- Signature, witness declarations and an optional notary acknowledgment
How to make your Living Will
Answer the questions
Tell us about the parties and the terms you want. Most documents take about 5 to 20 minutes.
Review the preview
Check the draft as you go and change any answer. The document updates instantly.
Download, sign and keep a copy
Download a print-ready PDF, sign it with the other parties, and give everyone a copy.
Living Will in another state
Back to the general living will page51 states shown
- ALAlabama
- AKAlaska
- AZArizona
- ARArkansas
- CACalifornia
- COColorado
- CTConnecticut
- DEDelaware
- DCDistrict of Columbia
- FLFlorida
- GAGeorgia
- HIHawaii
- IDIdaho
- ILIllinois
- INIndiana
- IAIowa
- KSKansas
- KYKentucky
- LALouisiana
- MEMaine
- MDMaryland
- MAMassachusetts
- MIMichigan
- MNMinnesota
- MSMississippi
- MOMissouri
- MTMontana
- NENebraska
- NVNevada
- NHNew Hampshire
- NJNew Jersey
- NMNew Mexico
- NYNew York
- NCNorth Carolina
- NDNorth Dakota
- OHOhio
- OKOklahoma
- OROregon
- PAPennsylvania
- RIRhode Island
- SCSouth Carolina
- SDSouth Dakota
- TNTennessee
- TXTexas
- UTUtah
- VTVermont
- VAVirginia
- WAWashington
- WVWest Virginia
- WIWisconsin
- WYWyoming
Frequently asked questions
What is a living will called in North Dakota?
In North Dakota, the document is called the Health Care Directive.
Does a living will need witnesses in North Dakota?
Two witnesses, or a notary instead. A North Dakota health care directive must be signed and the signature verified either by a notary public or by at least two adult witnesses.
Does a living will need to be notarized in North Dakota?
Only if you do not use witnesses. North Dakota accepts a notary as an alternative to witnesses.
Where do the North Dakota rules for living wills come from?
They come from N.D. Cent. Code ch. 23-06.5. We last checked them in October 2026. Laws change, so check the current statute before you rely on it.
What is the difference between a living will and a health care power of attorney?
A living will states your own wishes about treatment in specific situations, such as a terminal illness. A health care power of attorney names a person to make decisions for you, including in situations the living will does not cover. This document combines both so your agent has your written wishes to guide them.
When does a living will take effect?
The treatment wishes generally apply only when your doctors determine that you cannot make or communicate your own decisions and you are in one of the medical situations described. As long as you can speak for yourself, you make your own decisions. You can choose whether your agent's authority starts immediately or only when you lack capacity.
Who should I choose as my health care agent?
Most people choose an adult they trust who knows their values, is willing to serve, can stay calm under pressure and will follow their wishes even if others disagree. Many states do not allow your treating physician or employees of your care facility to serve unless they are related to you. Naming an alternate is a good idea in case your first choice is unavailable.
Does a living will need to be notarized or witnessed?
It depends on the state. Many states require two adult witnesses, some require a notary, and some accept either. States also limit who can be a witness, often excluding your agent, relatives and people who would inherit from you. This document includes both witness and notary blocks so you can follow your state's rules.
Is a living will the same as a DNR order?
No. A living will is your own statement of wishes. A do-not-resuscitate order or a POLST (portable medical order) is a medical order signed by a doctor or other clinician. If you want emergency responders to honor your wishes outside a hospital, talk with your doctor about whether a portable medical order is right for you.
Will my living will be honored in another state?
Many states recognize advance directives that were validly signed in another state, but the rules are not uniform. If you split time between states or move, consider signing a directive that meets the requirements of each state where you spend significant time.
Can I change or revoke my directive?
Yes. While you have capacity you can generally revoke it at any time, for example by signing a new directive, destroying the old one, or telling your doctor. Give updated copies to your agent, doctors and anyone who has the old version.
Who should get a copy of my living will?
Give copies to your health care agent and alternate, your primary doctor and any specialists, and the hospital or care facility you use. Keep the original where it can be found quickly. Some states run advance directive registries that let providers look up your document.
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