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Five Wishes meets the legal requirements for an advance directive in North Dakota. Just like in 41 other states, you can use Five Wishes in North Dakota to express how you want to be treated if you are seriously ill and unable to speak for yourself, using a document that is easy to understand. All you need to do is check a box, circle a direction, or write a few sentences. Once it is signed and witnessed, your Five Wishes is a legal document.
Additionally, the state of North Dakota requires your health care agent to sign an Acceptance of Appointment of Power of Attorney Form. The people you name in Wish 1 of Five Wishes must sign this form before they begin making decisions for you.
This form is not included in Five Wishes because you are not required to complete the acceptance form at the same time.
It is offered here as a helpful resource.
North Dakota Acceptance of Appointment of Power of Attorney Form
Additionally, the state of North Dakota has the following instructions regarding a Health Care Power of Attorney only that only applies to residents of certain institutions:
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 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 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 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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