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A North Dakota Medical Power of Attorney is a legal document that grants a person or entity permission to make health-related decisions for you, such as accepting or refusing medical treatment, when you cannot do so.

To create a power of attorney, you need to complete the requisite form in which you decide who your agent will be and which powers to grant him or her. In North Dakota, you must have two witnesses or a notary sign the form, and the agent must sign the document as well. Read all North Dakota Power of Attorney Laws.

One could interpret current law to allow a Power of Attorney to override an advance directive. However, in all cases, the wishes of a patient, with the requisite capacity, should be honored. The consent or refusal of your appointed Health Care Agent is as meaningful and valid as your own.

Health Care Directive: A written document that complies with Chapter 23-06.5 of the North Dakota Century Code and includes one or more health care instructions, a power of attorney for health care, or both.

A Medical Power of Attorney gives your agent the right to make health care decisions for you. A general durable power of attorney empowers the agent to make financial decisions and usually does not give the person the right to make decisions about health care.

A North Dakota medical power of attorney form authorizes an individual (healthcare agent) to make healthcare decisions for the principal. This form only comes into effect should the principal be unable to communicate properly with physicians and other healthcare workers in regard to medical attention.