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A North Dakota advance directive gives those living in North Dakota the option of selecting a health care agent who will be responsible for managing their medical needs and assisting them in making decisions regarding their end-of-life care. A person's medical wishes may be communicated to medical professionals and family members via the use of an advance directive. The person who issued the instructions directs the chosen agent to perform in accordance with the objectives they have specified.
23-06.5-01 to 23-06.5-19 Statutes (Health Care Directives)
Requirements needed to complete the signing process (§ 23-06.5-05) -In order to sign, you'll need at least two witnesses, one of whom should be a notary public.
State Definition 2403.65.02.5 -Health care directives are defined in this chapter as written documents that include one or more health care instructions, a health care power of attorney, or a combination of these two.
(1) Principal of North Dakota. As a prospective (or existing) patient in the state of North Dakota who has selected a Health Care Agent, make a note of your entire name on the application. It is your right as a North Dakota Declarant or Principal to utilize this form to express your choices on your health-care options.
(2) Health care representative in North Dakota- As a Health Care Agent in North Dakota, they may only act on your behalf if they have been designated to do so by you or by your legal representative. Include their entire name in the notification if at all possible.
(3) Building the right relationship with your health care representative- It is critical that you, as the Principal or Declarant, clarify your connection with the North Dakota Health Care Agent.
(4) Contact information for the North Dakota Health Care Agent. The permanent address and phone number of the North Dakota Health Care Agent are requested on this form (s). The Party's location and contact information will be more readily accessible in the future.
Alternate Health Care Agent Appointment
(5) North Dakota Health Care Agent Alternate- The appointment of an additional Party to the role of North Dakota Health Care Agent is possible if the person previously designated cannot or will not represent you while you are unconscious. You’ll require someone to communicate your treatment preferences to North Dakota doctors while you are unconscious When the Party you have designated as your North Dakota Alternate Agent is furnished with his or her complete name, only then will he or she be able to take the powers granted by this agreement and act in your place.
(6) The Principal's Relationship. It is vital to understand how the North Dakota Alternate Agent is related to you to be successful (the Principal). He or she might be a spouse, brother, parent, or close friend, depending on the nature of the connection.
(7) North Dakota Health Care Agent's Contact Information should be provided If you supply the North Dakota Alternate Health Care Agent with their name, address, and phone number, you will be able to contact them using this form.
(8) Health-Care Agent's Main Limitations, However, although the North Dakota Health Care Agent's default main powers seem to be restricted in the advance directive, they are rather broad. This document provides you with the option to regulate or limit the capabilities of your Agent in a specific place. Examine the authority (A through D) mentioned and decide whether or not to eliminate them, or whether or not to provide a report on how you would want the North Dakota Agent to handle them. The declaration that you do not provide your Health Care Agent the permission to use a certain object, document, or authority may be made in a variety of ways. The North Dakota Health Care Agent may be given additional limits or directions in a document that is attached if this is necessary.
(9) Organ donation. The North Dakota Health Care Agent cannot represent you in the case of your death. Before your organs or body parts may be donated after your death, you must grant written permission to do so (as the North Dakota Principal). The North Dakota Health Care Agent, on the other hand, needs your initials to have the authority to make decisions about your organ donations. This statement should not be initiated to prevent your Agent from making a hasty judgment.
10) Preparation for Disposition is essential. After your death, the Party in control of your body's disposition (i.e., burial, green burial, or cremation) may be your North Dakota Health Care Agent if you sign Statement 2, which gives him or her the authority to make decisions and act on your behalf after your death.
(11) The Principal's Preferences Following His Death should be considered seriously. Your North Dakota Health Care Agent should be informed of any new powers, requests, or instructions that you would want to offer to them.
(12) Primary Goals and Objectives. For example, if you are paralyzed, unconscious, reaching the end of your life, or in any other life-threatening scenario, you may leave a message or instructions for your Health Care Agent that North Dakota physicians can utilize to build treatment plans for you. It is highly recommended that you complete both of these sections in Part II because they will assist your North Dakota Health Care Agent in determining the next course of action if you are not communicative, as well as confirming your preferences to the Reviewers of this documentation.
(13) Major Concerns. In the later stages of a fatal disease or neurological impairment, it may be very difficult to cope with the situation. Make certain that your North Dakota Health Care Representative is aware of any concerns or challenges you are experiencing so that he or she can assist you if the need arises.
(14) Personal, religious or spiritual Beliefs. If you are unable to communicate and are experiencing a medical emergency, your North Dakota Health Care Agent may decide to include your religious or spiritual beliefs as a second subject of discussion in Part II of the conversation.
(15) Statement on Quality of Life. You may be experiencing a lot of concern regarding your well-being. Make a note of any healthcare decisions you make or any statements you make about the moment at which you feel life should be terminated. When faced with a terminal condition, it's conceivable that you might choose not to get treatment if the cost is exorbitant, the recovery rate is low to non-existent, or the therapy would cause you untold amounts of agony and suffering throughout your existence. Make sure to inform your North Dakota Health Care Agent about the medical issue you are worried about, as well as any treatment or recovery conditions you will not accept or allow.
(16) Instructions for the family to carry out. The following is an excellent place to begin a discussion about how your North Dakota Health Care Agent should communicate with your family members if you become disabled. Before deciding on treatment, you may want him to speak with a family member.
(17) Possibilities for good recovery- If you are unable to make choices regarding your recovery (or post-recovery) phase, your North Dakota Health Care Agent may be tasked with making such decisions on your behalf (or anyone else). A recording device has been provided to the North Dakota Health Care Agent for you to be able to record any instructions or messages that you would want to send.
(18) Instructions given When Terminal. When all other alternatives have been exhausted. If you are diagnosed with a terminal disease, you should notify your North Dakota Health Care Agent as soon as possible. If you are left unconscious or unable to communicate for an extended period, it is the responsibility of your Health Care Agent to inform North Dakota physicians of your treatment options (or permanently). If you are clear about what you want, need, want to approve, and prefer, your North Dakota Health Care Agent will be able to effectively represent your interests.
(19). Directives for Perpetual Unconsciousness. While you are in a vegetative state, you should make it clear what general or particular directions you intend to be followed while you are unconscious.
(20) Putting one's trust in others. If you are rendered fully reliant on others and unable to speak for yourself as a result of incognizance, ignorance, or unconsciousness, this document should be shared with your North Dakota Health Care Agent (and any other Reviewers of it).
(21) Pain management is important. Even when you're sleeping, physical disorders that cause excruciating agony in the body might manifest themselves (as well as unaware of your surroundings or incognizant). Because there are so many various pain management medications and methods to choose from, you should make a list of any preferences, instructions, limits, or restrictions that you would want to apply to any pain treatment courses that may be employed in the future.
(22) Preference for a physician.
Include the entire name of the doctor you intend to visit if you become handicapped, the location of his or her office or institution, as well as his or her phone and fax numbers, in case you become disabled. (22) The fact that you are unconscious, unable to communicate, or otherwise unable to assist yourself while in the hospital may prove to be beneficial in this situation.
(23) Preferences for desired Facilities. In the case of an emergency, make a note of the name of the healthcare facility (such as a hospital) where you would want to be taken care of if necessary. Include the business's address and phone number in the description (s).
(24) Directives for Hospice. Use this form to provide your North Dakota Health Care Agent with information about where you would for your end-of-life event (death) to occur. If you are unable to communicate or articulate your requests as death approaches, this section will tell your North Dakota Health Care Agent and confirm your desires to Reviewers.
(25) Discussing what will happen after death occurs. If you've granted permission to the North Dakota Health Care Agent to handle your corpse after you've died, be sure to fill in the spaces with specific instructions on how you'd want your remains to be treated and buried after your death.
There are a total of 26 declarations that have yet to be made. However, if you have any other treatment, recovery, or disposition issues that have not been addressed, please indicate them in the appropriate sections.
(27) Anatomical Gifts are discussed in detail. You may use this channel to make an offer to donate your organs, tissues, or other body parts to someone in need. You can either initiate the first statement in Part III to indicate that all anatomical contributions are required at the time of death, or you can specify that only specific organs and/or tissues are acceptable for donation. You can also specify that only certain organs and/or tissues are acceptable for donation.
Part IV: Legalizing the Document is vital
(28) Date of signature- When you sign this form, you are certifying that the information on it is correct. The ease with which such an act may be confirmed is appreciated by the reviewers. To achieve this criterion, you must have two witnesses or a Notary Public attest to the fact that your signature was supplied on a certain day. This is an essential date to keep in mind.
(29) The Most Important Information About Your Home. You should keep a record of your current location, including the city and state.
(30)Principal Signature of North Dakota. It is necessary for this document to be signed before it may go into effect. If you have opted to have your signature notarized, follow the procedures provided by your Notary Public. If you've chosen to have your signature witnessed, hand this document to Witness No. 1.
(31) Notarization. In North Dakota, a notary public will validate your signature by using his or her official status in the state. By signing this form, you acknowledge that you have read and understood the terms and conditions set out herein. Remember that you will not have access to any Notary Publics who are directly affiliated with your company or organization. The search must continue for a third party who can serve as a true check and balance.
(32) Report of the Principal Signing the document- Witness 1 should review and complete the statement about his or her signature before submitting the report. It is necessary to have documentation of both the date on which you signed the form and your complete name as a consequence of this.
(33) The Present Status of the Witnesses- Witness 1 must sign and date Statement 3 if he or she is employed by your Health Treatment Provider or an independent Provider who is professionally delivering your treatment.
(34) Signature of the first witness
The paper was signed by just one witness. Sign your name and provide a trustworthy phone number where you may be reached if you need to be reached.
(35) The Principal's signature is on the official record. Witness 2 is also responsible for completing a portion of the declaration that has been handed to him. When signing the initial statement, you must add your complete name as the Principal of North Dakota as well as the date of your signature.
(36) The legal standing of a witness A health care practitioner or an employee of a health care provider who is responsible for your treatment may serve as a witness to your signing, but they must identify themselves as such. His or her initials may be utilized to complete the third sentence.
(37) The signatures of the second Witness. Witness 2 is needed to sign the statement after it has been completed and approved by the other witnesses. In addition, the address of witness 2 is necessary.
(38) North Dakota Health Care Agent Signature. The North Dakota Health Care Agent you stated above should read and sign the acceptance statement for it to be properly acknowledged and acknowledged.
(39) An Alternate Agent Signature for the state of North Dakota is provided here. When the North Dakota Health Care Agent is completed with the acceptance statement, your approved Alternate Agent should be able to identify him or herself and sign the document.