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Health Care Power of Attorney Requirements in North Dakota

In North Dakota, a health care directive that appoints an agent must be signed and verified by a notary public or by at least two adult witnesses, and the agent, relatives, heirs and the attending physician cannot serve as witness or notary.

Last checked . General information, not legal advice.

North Dakota at a glance

Document name
Health care directive (power of attorney for health care)
A health care directive may include a power of attorney for health care, health care instructions, or both.
Witnesses
2 witnesses or a notary
Witnesses must be adults.
Notary required
Notary or 2 witnesses
The principal's signature must be verified either by a notary public or by at least two witnesses who are 18 or older.
Who cannot witness
Agent, spouse, relatives, heirs, creditors, attending physician
At least one witness cannot be a direct care provider or its employee. The same exclusions apply to the notary, who may be an employee of a care provider.

Sources

Last checked

The rules in North Dakota

What is a health care power of attorney called in North Dakota?

Document name in North Dakota: Health care directive (power of attorney for health care). A health care directive may include a power of attorney for health care, health care instructions, or both.

How many witnesses does a health care power of attorney need in North Dakota?

Witnesses in North Dakota: 2 witnesses or a notary. Witnesses must be adults.

Does a health care power of attorney have to be notarized in North Dakota?

Notary or 2 witnesses. Notary required in North Dakota: notary or 2 witnesses. The principal's signature must be verified either by a notary public or by at least two witnesses who are 18 or older.

Who cannot witness a health care power of attorney in North Dakota?

Who cannot witness in North Dakota: Agent, spouse, relatives, heirs, creditors, attending physician. At least one witness cannot be a direct care provider or its employee. The same exclusions apply to the notary, who may be an employee of a care provider.

Where do the North Dakota health care power of attorney requirements come from?

The rules above come from N.D. Cent. Code 23-06.5-05. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Follow the signing rules of the state where you live when you sign. If you spend a lot of time in another state, check whether that state honors documents signed elsewhere, and consider signing a version that also meets its rules.

Choose witnesses before the signing day. Witness rules often exclude the agent you are naming and may also exclude relatives, people who would inherit from you, or staff of a health care provider or facility caring for you. Using two unrelated adults avoids most problems.

Give copies of the signed document to your agent, any alternate agent and your doctors, and keep the original where it can be found quickly. If you later change your mind, revoke the old document in writing and tell everyone who has a copy.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.