Under North Dakota law, a Health Care Directive (formerly called Health Care Powers of Attorney) is a document that legally helps family, friends, physicians, clergy, and others better understand what you want done when you are unable to communicate. It also allows them to carry out your wishes. Automobile accidents, strokes, heart attacks, aneurysms, and hunting accidents are just some examples of situations that leave a person in a position where they cannot communicate their health care wishes at a critical time. Health Care Directives can accomplish a lot.
Two major benefits of a Health Care Directive are:
• It allows you to name someone you trust to make healthcare decisions for you when you cannot.
• It allows you to predetermine what type of medical treatments you want or do not want in advance.
What Health Care Decisions Can Your Agent make?
Your agent can make all health care decisions including the withholding of life support systems, subject to any limitations you place on the agent. Your agent can only make decisions when you are unable to make your own decisions. This is determined by your doctor and must be in writing. You may authorize your agent to make Health Care decisions even when you’re able to make your own decisions.
What Are My Agent’s Responsibilities in Carrying Out My Wishes?
• Your agent must follow your wishes as stated orally, and in the Health Care Directive.
• If your wishes are unknown, the agent must make health care decisions with your interests in mind.
How Do I Know That My Doctor Or Health Care Provider Will Follow My Agent’s Decisions?
Your doctor or any other health care provider must follow the directives of your agent. If they will not follow the directive, they must inform you, if possible, and your agent. The provider must then transfer your care to another provider who is willing to follow the directive.
When Does a Health Care Directive End?
It ends when you die or when you revoke it.
What is a Health Care Directive?
A Health Care Directive is a document in which you (the principal) appoint someone (the agent) to make health care decisions for you. It contains your wishes on the medical treatment you do or do not want to receive. It is a very important document that everyone should get in place before important decisions are needed.
Who Should I Appoint As My Agent?
• You should appoint someone whom you trust to carry out your wishes.
• You can also appoint an alternate agent. An alternate agent can carry out your wishes if your agent cannot act, or withdraws, and you cannot appoint another agent.
Is There Anyone I Cannot Appoint As My Agent or Alternate Agent?
You cannot appoint your health care provider, your long-term care provider, or a non-relative employee of these providers.
What Do I Do With My Health Care Directive?
Make copies and give the Health Care Directive to all your health care providers (hospitals, clinics, etc.)
Who Do I Contact With Additional Questions?
Seniors 60 and over Call:
1-866-621-9886
Others Call:
1-800-634-5263
You may apply for legal services by completing our online website application.
