Five Wishes States

 

North Dakota

The state of North Dakota has the following instructions regarding an Health Care Power of Attorney only:

If in a long-term care facility, either:

(1) A "recognized member of the clergy, an attorney licensed to practice in this state, or a person as may be designated by the department of human services or the district court"...must sign "a statement affirming that the person has explained the nature and effect of the durable power of attorney for health care to the principal" or

(2) The "principal acknowledges in writing that the principal has read the explanation prefacing the statutory form in section 23-06.5-17 or a similar written explanation of the nature and effect of a a durable power of attorney for health care."

If in a hospital, either:

(1) A "person designated by the hospital or an attorney licensed to practice in this state signs a statement that the person has explained the nature and effect of the durable power of attorney for healthcare to the principal" or

(2) The "principal acknowledges in writing that the principal has read the explanation prefacing the statutory form in section 23-06.5-17 or a similar written explanation of the nature and effect of a a durable power of attorney for health care."

--Excerpted from National Advance Directives: One Attempt to Scale the Barriers, by Charles P. Sabatino, Esq., National Academy of Elder Law Attorneys Journal, Volume 1, 2005

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        About Five Wishes
       

Five Wishes meets legal requirements in these states (and the District of Columbia):

 

Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Iowa, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska,
New Jersey, New Mexico, New York, North Carolina, North Dakota, Oklahoma Pennsylvania,
Rhode Island, South Carolina, South Dakota, Tennessee, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming

 


In a state not listed, Five Wishes can still be useful as an attachment to the state's required forms.  Many
residents in these states find that Five Wishes expresses
their preferences in detail
and provides a helpful guide
to families, caregivers
and doctors.