Making medical decisions in advance of a serious injury or illness through estate planning protects your health care wishes and autonomy. The North Dakota advance health care directive allows you to document your treatment preferences and designate a trusted decision-maker if you should become incapacitated.
It serves as a powerful legal tool that helps ensure that your voice is heard even during serious illness or incapacity.
Deconstructing the directive
The North Dakota Health Care Directive includes five different sections that work together:
Part I lets you appoint a healthcare agent to make decisions on your behalf.
Part II allows you to provide specific instructions about treatments you do or do not want.
Part III is optional and covers organ and tissue donation.
Part IV outlines the signature and witnessing requirements to make the directive legally binding.
Part V confirms your agent’s acceptance of their role.
To be legally effective, the directive must be signed in front of two qualified witnesses or a notary. The witnesses cannot be related to you, entitled to your estate or involved in your direct care.
Choosing your health care agent
Your appointed agent must also sign the document to activate their authority. The agent you choose should be someone you trust to follow your wishes and act in your best interest. You may also name an alternate agent in case your primary choice is unavailable.
Adding personal instructions
Including directions that clearly define your personal values, beliefs and preferences helps your agent and care team honor your goals. It can provide additional guidance that helps prevent confusion and ensure decisions align with your definition of quality of life.
Putting this together can be a complex undertaking. Sound legal guidance simplifies the process while helping ensure that your directive complies with state law.