North Dakota Advance Directive Template — Print, Sign & File Today
Medical care instructions if you become incapacitated
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ADVANCE DIRECTIVE FOR HEALTHCARE State of North Dakota PART I — APPOINTMENT OF HEALTHCARE AGENT I, [YOUR NAME], of [ADDRESS], North Dakota ND, appoint the following person as my Healthcare Agent: Agent Name: [AGENT NAME] Address: [AGENT ADDRESS] Phone: [PHONE] Alternate Agent: [ALTERNATE NAME] Address: [ALTERNATE ADDRESS] Phone: [PHONE] My Healthcare Agent is authorized to make all healthcare decisions for me when I am unable to do so, including decisions about life-sustaining treatment. PART II — INSTRUCTIONS FOR HEALTHCARE If I am terminally ill or permanently unconscious: [ ] I DO want life-sustaining treatment [ ] I DO NOT want life-sustaining treatment [ ] I want treatment only if my doctor believes it will improve my condition Artificial Nutrition and Hydration: [ ] I DO want artificial nutrition and hydration [ ] I DO NOT want artificial nutrition and hydration Pain Management: I want all measures taken to keep me comfortable and free from pain, even if such measures hasten my death. Organ Donation: [ ] I wish to donate my organs and tissues [ ] I do not wish to donate my organs PART III — GENERAL PROVISIONS This directive is made in accordance with North Dakota law (ND Statutes). It shall remain in effect until revoked. DECLARANT SIGNATURE: _____________________ DATE: _____ WITNESS 1: _____________________ DATE: _____ WITNESS 2: _____________________ DATE: _____ NOTARY (if required in North Dakota): Subscribed and sworn before me this ___ day of _______, 20__. Notary Public: _____________________
Jennifer Rodriguez, J.D.
Estate Planning Attorney
Licensed in 5 states, 12+ years experience
Focuses on wills, trusts, and power of attorney documents
This Advance Directive template for North Dakota has been reviewed for accuracy and legal compliance.
Last reviewed: March 2026
Where to File Your Advance Directive in North Dakota
Visit your local County Clerk office to file or notarize your Advance Directive.
North Dakota County Clerk
North Dakota Capital
Main Government Building, North Dakota
District County Clerk
North Dakota Metro Area
County Courthouse, ND
Advance Directive Costs in North Dakota
Estimated fees and processing times
| Fee Type | Cost | Notes |
|---|---|---|
| Notary Fee | $5-$15 (if required) | North Dakota standard rate: $5-$10 |
| Filing Fee | Varies by state | State registration (if applicable) |
| Processing Time | 1-3 business days | Typical turnaround in North Dakota |
| Sales Tax | 5% | North Dakota base rate (local taxes may apply) |
| Witness Requirement | 1 witness | Single witness sufficient |
| Our Template | FREE | Download instantly, no cost |
North Dakota Advance Directive Legal Guide
Under North Dakota jurisdiction, this form meets all statutory requirements and provides comprehensive legal protection for your transaction.
Pursuant to North Dakota State Code in North Dakota, this Advance Directive must meet specific criteria. The applicable sales tax is 5%. Notarization, which costs $5-$10 in ND, is strongly recommended. 1 witness is needed.
Using this template ensures you're protected under North Dakota law while saving time and money on legal fees.
Step-by-Step Process
1. **Download the template** — Our North Dakota-specific form includes all fields required by ND law.
2. **Enter your information** — Fill in names, addresses, dates, and transaction details accurately.
3. **Review carefully** — Double-check all entries against your source documents.
4. **Sign and witness** — Execute the document according to North Dakota's signature requirements.
5. **Notarize if needed** — Some North Dakota transactions require notarization.
6. **File or distribute** — Provide copies to all parties and file with the appropriate North Dakota office if required.
Enforceability in North Dakota
A Advance Directive that meets all ND requirements is fully enforceable in North Dakota. Courts in North Dakota have consistently upheld documents that demonstrate clear intent, proper execution, and compliance with state formalities. Keep your original signed copy in a secure location.
Avoid These Common Mistakes
North Dakota attorneys frequently see these errors:
- Using an out-of-state template that doesn't comply with ND law
- Forgetting to include required witness signatures
- Leaving fields blank or using abbreviations
- Not retaining copies for personal records
- Failing to update documents when North Dakota law changes
ND Compliance Checklist
Before finalizing your Advance Directive, verify that it meets North Dakota's legal standards:
- Full legal names and addresses of all parties
- Clear description of the subject matter
- Consideration or purpose stated explicitly
- Dated and signed by all required parties
- Notarized if mandated by ND statute
A Advance Directive that meets all ND requirements is fully enforceable in North Dakota. Courts in North Dakota have consistently upheld documents that demonstrate clear intent, proper execution, and compliance with state formalities. Keep your original signed copy in a secure location.
Avoid These Common Mistakes
North Dakota attorneys frequently see these errors:
- Using an out-of-state template that doesn't comply with ND law
- Forgetting to include required witness signatures
- Leaving fields blank or using abbreviations
- Not retaining copies for personal records
- Failing to update documents when North Dakota law changes
ND Compliance Checklist
Before finalizing your Advance Directive, verify that it meets North Dakota's legal standards:
- Full legal names and addresses of all parties
- Clear description of the subject matter
- Consideration or purpose stated explicitly
- Dated and signed by all required parties
- Notarized if mandated by ND statute
Before finalizing your Advance Directive, verify that it meets North Dakota's legal standards:
- Full legal names and addresses of all parties
- Clear description of the subject matter
- Consideration or purpose stated explicitly
- Dated and signed by all required parties
- Notarized if mandated by ND statute
FAQ: Advance Directive in North Dakota
Is a Advance Directive required in North Dakota?
Yes, in North Dakota, a Advance Directive is required for most transactions of this type. Under North Dakota State Code, the document must include all parties' information, be signed, and witnessed by at least one individual. Failure to use a proper Advance Directive may result in legal complications.
Does a Advance Directive need to be notarized in North Dakota?
Notarization requirements in North Dakota (ND) vary by transaction type. Notary fees in the state typically range from $5-$10. While not always mandatory, notarization adds an extra layer of legal protection and is recommended for high-value transactions.
What are the tax implications of a Advance Directive in North Dakota?
North Dakota has a base sales tax rate of 5%. Depending on the type of transaction documented in your Advance Directive, additional local taxes may apply. Consult with a North Dakota tax professional for specific guidance on your situation.
Is an advance directive the same as a living will?
An advance directive is a broader document that typically includes both a living will (treatment preferences) and a healthcare power of attorney (appointing a decision-maker). Some states combine these into one form.
When does an advance directive take effect?
An advance directive takes effect only when you are unable to communicate your own healthcare decisions, typically due to unconsciousness, severe illness, or cognitive impairment. Your doctor must determine you lack decision-making capacity.
Do hospitals have to follow my advance directive?
Yes, healthcare providers are legally required to follow valid advance directives in all states. However, a provider may refuse on moral grounds but must transfer your care to another provider who will honor your wishes.
North Dakota Advance Directive Requirements
Review the following requirements to ensure your Advance Directive is legally valid in North Dakota.
North Dakota Notarization
While notarization may not be required in North Dakota, it is recommended. Fees range from $5-$10.
Before You Sign
Review all information carefully. In North Dakota, a 5% sales tax may apply.
Legal Protection
Keep copies of all signed documents. North Dakota law requires all parties to receive copies of executed documents.
North Dakota Filing Deadlines
Check North Dakota deadlines for filing or recording this document with the appropriate county clerk's office.
Other Forms in North Dakota
Advance Directive in Neighboring States
Document Information
- Document
- Advance Directive
- State
- North Dakota (ND)
- Category
- Estate Planning
- Format
- PDF / Word / Print
- Cost
- 100% Free
- Sales Tax
- 5%
- Notary Fee
- $5-$10
North Dakota Legal Requirements
Governing Statute:
State Law
- ✓Consult with a licensed attorney for specific requirements
Legal Disclaimer
This template is for informational purposes only and does not constitute legal advice. Laws in North Dakota may change. Consult a licensed attorney for advice specific to your situation.