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Living Will Requirements in North Dakota

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.

Last checked . General information, not legal advice.

North Dakota at a glance

Name of the document
Health Care Directive
Witnesses
2 witnesses
Or a notary instead of witnesses
Notarization
Instead of witnesses

Sources

Last checked

The rules in North Dakota

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?

North Dakota requires two witnesses, or a notary instead.

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.

How North Dakota compares

North Dakota is one of 22 jurisdictions that accept a notary instead of witnesses.

What this means in practice

Give copies to your doctor, your health care agent and close family, and keep the original where it can be found quickly. A living will that nobody can find cannot help.

Many states have rules about who may serve as a witness, for example excluding relatives or your health care providers. Check the statute before you sign.

Review the document after a major diagnosis, a move to another state or a change in your wishes.

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