What is the difference between a living will and a health-care agent in North Dakota?

A advance health-care directive states your treatment preferences for specific situations. A health-care agent names a person to make healthcare decisions on your behalf when you cannot. The proxy can handle unexpected situations that a written directive cannot anticipate.

Can I change my advance directive?

Yes. You can revoke or update your advance directive at any time while you have capacity. Notify your healthcare providers and health-care agent of any changes and provide updated copies.

Does my advance directive need to be notarized?

North Dakota has specific witness and notarization requirements [§ 23-06.5-01]. Check the statutory form requirements or have an attorney prepare the document to ensure it is valid.

Will my North Dakota advance directive be honored in another state?

Most states honor out-of-state advance directives, but there is no guarantee. If you spend significant time in another state, consider executing a directive that complies with that state's law as well.

What if I don't have an advance directive?

Without an advance directive, medical decisions fall to your next of kin under North Dakota's surrogate decision-making law. This can lead to disagreements, delays, and decisions that may not reflect your wishes. In the worst case, a court may need to appoint a guardian to make medical decisions.

Topic guideUpdated 2026-02-27

North Dakota Advance Directives & Living Wills

Healthcare directives, living wills, and healthcare proxies — making your medical wishes known.

Advance directives let you make your healthcare wishes known before a crisis happens. In North Dakota, the two key documents are a advance health-care directive §23-06.5-01 and a health-care agent §23-06.5-03.

Advance Health-care Directive vs. Health-care Agent

	Advance Health-care Directive	Health-care Agent
What It Does	States your treatment preferences (life support, resuscitation, feeding tubes) §23-06.5-01	Names a person to make medical decisions for you §23-06.5-03
When It Activates	When you cannot communicate your wishes	When you cannot make medical decisions
Who Acts	No one — the document speaks for you	Your chosen agent
Flexibility	Limited — covers only situations you anticipated	High — your agent can respond to unexpected situations
Recommended	Yes	Yes — most important of the two

💡Most estate planning attorneys recommend having both. The advance health-care directive provides clear guidance for common end-of-life scenarios, while the health-care agent gives your agent authority to handle situations you could not have predicted.

What a advance health-care directive covers §23-06.5-01

A advance health-care directive addresses:

Life-sustaining treatment (ventilators, dialysis)
Artificial nutrition and hydration (feeding tubes)
Resuscitation preferences (DNR orders)
Pain management and comfort care
Organ and tissue donation

Choosing a health-care agent §23-06.5-03

Your health-care agent should be someone who:

Understands your values and treatment preferences
Can make difficult decisions under pressure
Is willing and able to advocate for your wishes, even against family pressure
Lives nearby or can be reached quickly in an emergency

Name a successor agent in case your first choice is unavailable.

North Dakota law

North Dakota's Health Care Directives chapter (N.D.C.C. § 23-06.5-01 et seq.) allows a single directive to include health care instructions, a power of attorney appointing a health-care agent, or both (N.D.C.C. § 23-06.5-03). A directive must be in writing and dated, and the principal's signature must be verified by a notary public or by at least two witnesses who are at least eighteen years of age. The agent, the principal's spouse or heir, a person related to the principal by blood, marriage, or adoption, a person entitled to part of the principal's estate, a person with a claim against the estate, a person directly financially responsible for the principal's medical care, and the attending physician may not serve as notary or witness, and at least one witness must not be a health care or long-term care provider giving direct care to the principal or an employee of one (N.D.C.C. § 23-06.5-05). North Dakota provides an optional statutory form; another form may be used if it complies with the chapter (N.D.C.C. §§ 23-06.5-16, 23-06.5-17).

✓Make sure your doctors, your health-care agent, and your family all have copies of your advance directives. A document locked in a safe deposit box cannot help you in an emergency. Many hospitals also allow you to upload directives to their patient portal.

Prepare for Your Consultation

Quick checklist (Estate Planning)

You can start the intake without all of these.

Existing will or trust

(if any)

Asset summary

(property, accounts, policies)

Family information

(beneficiaries, guardians)

General preparation tips only. Requirements vary by case and state.

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