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North Dakota Durable Power of Attorney Laws
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 are constantly changing -- contact an attorney or conduct your own legal research to verify the state law(s) you are researching.
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