§ 23-06.5-03 — Health care directive

North Dakota § 23-06.5-03

• Jurisdiction: North Dakota
• Title 23: Health and Safety
• Ch. 23-06.5: Health Care Directives

Text

1. A principal may execute a health care directive. A health care directive may include
one or more health care instructions to health care providers, others assisting with
health care, family members, and a health care agent. A health care directive may
include a power of attorney to appoint an agent to make health care decisions for the
principal when the principal lacks the capacity to make health care decisions, unless
otherwise specified in the health care directive. Subject to the provisions of this
chapter and any express limitations set forth by the principal in the health care

directive, the agent has the authority to make any and all health care decisions on the
principal's behalf that the principal could make.
2. After consultation with the attending physician and other health care providers, the
agent shall make health care decisions:
a. In accordance with the agent's knowledge of the principal's wishes and religious
or moral beliefs, as stated orally, or as contained in the principal's health care
directive; or
b. If the principal's wishes are unknown, in accordance with the agent's assessment
of the principal's best interests. In determining the principal's best interests, the
agent shall consider the principal's personal values to the extent known to the
agent.
3. A health care directive, including the agent's authority, is in effect only when the
principal lacks capacity to make health care decisions, as certified in writing by the
principal's attending physician, psychiatrist, or psychologist and filed in the principal's
medical record, and ceases to be effective upon a determination that the principal has
recovered capacity.
4. Notwithstanding subsection 3, the principal may authorize in a health care directive
that the agent make health care decisions for the principal even though the principal
retains capacity to make health care decisions. In that case, the health care directive is
in effect as stated in the health care directive under any conditions the principal may
impose. The principal's authorization under this subsection may be revoked in the
same manner as a health care directive may be revoked under section 23-06.5-07.
5. The principal's attending physician shall make reasonable efforts to inform the
principal of any proposed treatment, or of any proposal to withdraw or withhold
treatment.
6. Nothing in this chapter permits an agent to consent to admission to a mental health
facility or state institution for a period of more than forty-five days without a mental
health proceeding or other court order, or to psychosurgery, abortion, or sterilization,
unless the procedure is first approved by court order.