Jacobson Memorial Hospital Care Center
The North Dakota statute regarding Living Wills is Chapter 23-06.4 of the North Dakota Century Code.
- A Living Will permits you to decide whether you want life-prolonged treatment started or continued if you are unable to communicate your wishes to your doctor or healthcare provider. In North Dakota, a Livins Will is called a DECLARATION REGARDING THE USE OF LIFE-PROLONGED TREATMENT.
- A Living Will becomes effective only when you give your doctor a copy, when you have a terminal condition and death is imminent, and when you are unable to make or communicate health care decisions. You cannot be required to sign a Living Will. Your decision to complete a Living Will is personal and should be based upon your individual values and beliefs.
To Complete a Living Will
- Use the appropriate form. The law included approved forms (pp. 19 & 20) and requires that your declaration, or Living Will, be substantially in the same form.
- Make certain you sign your Living Will and have it properly witnessed. Two witnesses are required. In addition, there are specific limitations under the law on who is qualified to be a witness.
- Give a copy of your Living Will to your doctor and any other healthcare providers such as your hospital, nursing facility, hospice, or home health agency. In addition, you may want to give copies of your Living Will to other persons such as close family members and your attorney, if you have one.