North Dakota § 23-06.5-05 Health care directive requirements - Execution and witnesses

North Dakota Statutes

§ 23-06.5-05 — Health care directive requirements - Execution and witnesses

North Dakota § 23-06.5-05

Title 23Health and Safety

Ch. 23-06.5Health Care Directives

This text of North Dakota § 23-06.5-05 (Health care directive requirements - Execution and witnesses) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 23-06.5-05 (2026).

Text

1.To be legally sufficient in this state, a health care directive must:

a.Be in writing;

b.Be dated;

c.State the principal's name;

d.Be executed by a principal with capacity to do so with the signature of the principal or with the signature of another person authorized by the principal to sign on behalf of the principal;

e.Contain verification of the principal's signature or the signature of the person authorized by the principal to sign on behalf of the principal, either by a notary public or by witnesses as provided under this chapter; and

f.Include a health care instruction or a power of attorney for health care, or both.

2.A health care directive must be signed by the principal and that signature must be verified by a notary public or at least two or more subscribing witnesses

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1. To be legally sufficient in this state, a health care directive must:
a. Be in writing;
b. Be dated;
c. State the principal's name;
d. Be executed by a principal with capacity to do so with the signature of the
principal or with the signature of another person authorized by the principal to
sign on behalf of the principal;
e. Contain verification of the principal's signature or the signature of the person
authorized by the principal to sign on behalf of the principal, either by a notary
public or by witnesses as provided under this chapter; and
f. Include a health care instruction or a power of attorney for health care, or both.
2. A health care directive must be signed by the principal and that signature must be
verified by a notary public or at least two or more subscribing witnesses who are at
least eighteen years of age. A person notarizing the document may be an employee of
a health care or long-term care provider providing direct care to the principal. At least

one witness to the execution of the document must not be a health care or long-term
care provider providing direct care to the principal or an employee of a health care or
long-term care provider providing direct care to the principal on the date of execution.
The notary public or any witness may not be, at the time of execution, the agent, the
principal's spouse or heir, a person related to the principal by blood, marriage, or
adoption, a person entitled to any part of the estate of the principal upon the death of
the principal under a will or deed in existence or by operation of law, any other person
who has, at the time of execution, any claims against the estate of the principal, a
person directly financially responsible for the principal's medical care, or the attending
physician of the principal. If the principal is physically unable to sign, the directive may
be signed by the principal's name being written by some other person in the principal's
presence and at the principal's express direction.