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HEALTH
WO R DS : I A N R . MC L E A N , S E R KL A N D L AW F I R M P H OTO G R A P H Y : Ka ro l i n a G ra b ows ka o n p exel s . co m
COMMON QUESTIONS ABOUT
Health Care Directives
Every competent adult has the right and responsibility to make decisions relating to their own health care, including the decision to have health care provided, withheld or withdrawn. But what happens when an adult becomes incapacitated and cannot make decisions on their own? North Dakota law enables adults to retain control over their own health care during periods of incapacity through something known as “health care directives.”
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What is a health care directive?
A: A health care directive is a written document which contains health care instructions to be followed by health care providers or others assisting with your health care and may also include a power of attorney appointing a person to make health care decisions on your behalf when you lack capacity to make health care decisions. It is important to remember a health care directive is only effective if you are incapacitated. If you have capacity, you will make all decisions regarding your own health care.
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You can instruct and/or designate all health care decisions that you would be able to make to your agent. These health care decisions include the selection of health care providers, whether to undergo various tests, procedures and surgeries, and also under what circumstances you wish to receive or withhold artificial nutrition and hydration. Your agent will follow your instructions, and if no instructions are provided, will make decisions based on their knowledge of your wishes and religious or moral beliefs and values.
A health care directive must be in writing, dated, state your name, be signed by you, and have your signature verified through a notary public or qualified witnesses.
What type of health care decisions can you designate to your agent?
What are the requirements for a health care directive?