§ 23-06.5-13 — Presumptions and application

North Dakota § 23-06.5-13

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

Text

1. Unless a court of competent jurisdiction determines otherwise, the appointment of an
agent in a health care directive executed pursuant to this chapter takes precedence
over any authority to make medical decisions granted to a guardian pursuant to
chapter 30.1-28.
2. To the extent that health care directives conflict, the instrument executed later in time
controls.
3. The principal is presumed to have the capacity to execute a health care directive and
to revoke a health care directive, absent clear and convincing evidence to the contrary.
4. A health care provider or agent may presume that a health care directive is legally
sufficient absent actual knowledge to the contrary. A health care directive is presumed
to be properly executed, absent clear and convincing evidence to the contrary.
5. An agent and a health care provider acting pursuant to the direction of an agent are
presumed to be acting in good faith, absent clear and convincing evidence to the
contrary.
6. A health care directive is presumed to remain in effect until the principal modifies or
revokes it, absent clear and convincing evidence to the contrary.
7. This chapter does not create a presumption concerning the intention of an individual
who has not executed a health care directive and does not impair or supersede any
right or responsibility of an individual to consent, refuse to consent, or withdraw
consent to health care on behalf of another in the absence of a health care directive.
8. A copy of a health care directive is presumed to be a true and accurate copy of the
executed original, absent clear and convincing evidence to the contrary, and must be
given the same effect as an original.
9. Death resulting from the withholding or withdrawal of health care pursuant to a health
care directive in accordance with this chapter does not constitute, for any purpose, a
suicide or homicide.
10. The making of a health care directive under this chapter does not affect in any manner
the sale, procurement, or issuance of any policy of life insurance or annuity, nor does it

affect, impair, or modify the terms of an existing policy of life insurance or annuity. A
policy of life insurance or annuity is not legally impaired or invalidated in any manner
by the withholding or withdrawal of health care from an insured principal,
notwithstanding any term to the contrary.
11. A person may not prohibit or require the execution of a health care directive as a
condition for being insured for, or receiving, health care services.
12. This chapter does not affect the right of a patient to make decisions regarding use of
health care, so long as the patient is able to do so, or impair or supersede any right or
responsibility that a person has to effect the provision, withholding, or withdrawal of
health care.
13. Health care directives prepared under this chapter which direct the withholding of
health care do not apply to emergency treatment performed in a prehospital situation.