North Dakota Medical Power of Attorney Form


A North Dakota medical power of attorney is a document that gives a person (the attorney-in-fact) permission to make medical decisions for another person (the grantor). The attorney-in-fact can only utilize this power if the grantor experiences a medical situation resulting in incapacitation. A grantor must complete the medical power of attorney before losing their ability to communicate. If they do not have a medical power of attorney in place when they become incapacitated, then a judge must appoint an agent for them.

In addition to making health-related decisions for a principal, an agent can request that a physician perform a particular treatment or procedure. The physician has a legal obligation to follow orders from the agent, meaning that they cannot refuse to provide the care.  They can also sign a document of anatomical gift, which allows the donation of the principal’s organs and tissues. The agent must adhere to instructions provided by the principal (in the form) before making decisions on their behalf.

The medical power of attorney does not expire unless the principal sets a termination date. The principal holds the right to revoke the agreement at any time (as they do not need a specific reason to cancel it). However, if they create a new medical power of attorney, the previous one no longer holds power.

This form allows the principal to list an alternate agent if the primary agent cannot fulfill their responsibilities. The primary agent can also refuse to take on the role for any reason. Moving, a relationship/friendship change, lack of availability, and a change of mind can cause the principal or agent to stop the agreement. If the agent is a spouse, the form automatically ends if both parties divorce.

Laws: § 23-06.5

Signing requirements (§ 23-06.5-05(2)): Must include principal’s signature and verification from a Notary Public OR two (2) witnesses.