The durable power of attorney is a legal arrangement that gives authority to a named individual for decisions related to artificial life support. For instance, it allows the named person to decide whether or not the patient should remain connected to a respirator (often indicated in a living will, which must be honored). North Dakota durable power of attorney laws grant the named individual (or "attorney-in-fact") to make decisions related to care, treatment, and whether to continue life support.
Below are details about the specific powers, legal requirements, revocation, and state-to-state validity of North Dakota durable power of attorney laws. See Wills and Durable Power of Attorney for Health Care to learn more.
Explanation of Chart and More Information on Durable Power of Attorney Laws
| Code Section | 23-06.5-01 et seq. Durable Power of Attorney for Health Care |
| Specific Powers, Life-Prolonging Acts | Agent has power to make any health care decisions principal could if he did not lack capacity (lack of capacity must be certified in writing by principal's attending physician), decisions including consent, refusal to consent or withdrawal of consent or request any care, treatment, service, or procedure to maintain, diagnose, or treat individual's physical or mental condition; does not include admission to mental health facility, psychosurgery, abortion, or sterilization. |
| Legal Requirements for Durable Power of Attorney | (1) Signed; (2) 2 witnesses who affirm principal was of sound mind and signed it freely and voluntarily; (3) agent must accept appointment in writing; (4) statutory form of durable power of attorney (§23-06.5-17) is preferred format |
| Revocation of Durable Power of Attorney | Revocable by (1) notification of agent orally, in writing, or any other act evidencing specific intent to revoke; (2) execution of subsequent durable power of attorney; (3) divorce where spouse was principal's agent |
| Validity from State-to-State | Effective if executed in another state in compliance with the law of that state |
| If Physician Unwilling to Follow Durable Power of Attorney | Physician has duty to inform principal or agent and take all reasonable steps to transfer care to another who is willing to honor agent's directive |
| Immunity for Attending Physician | No civil, criminal, or professional liability if acting in good faith and with ordinary care pursuant to directives of durable power of attorney |
Note: State laws may change with the enactment of newly signed legislation or the decisions of higher courts. While we strive to ensure the accuracy of these pages, you also may want to contact a North Dakota health care attorney or estate attorney, or conduct your own legal research to verify the state law(s) you are researching.
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North Dakota Durable Power of Attorney Laws: Related Resources
