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Only common law advance care directives exist and are legally binding. These can include a person's values, preferences for future treatment (consent to, refusal of and/or withdrawal of treatment) and appointment of a substitute decision-maker. They should be completed and signed by a competent adult.
In North Dakota, state law provides an optional directive form called a health care directive. Other common terms include advance directive, a living will, or durable power of attorney for health care. These all generally refer to documents in which a person states choices for medical treatment and/or
Every state has its own Advance Directive forms; there is, however, a growing movement towards the creation of a universal Advance Directive, which would work in all states. In some states, the Living Will and Health Care Proxy forms are combined into a single document; in other states, the forms are separate.
There are two main elements in an advance directivea living will and a durable power of attorney for health care. There are also other documents that can supplement your advance directive. You can choose which documents to create, depending on how you want decisions to be made.
Advance directives generally fall into three categories: living will, power of attorney and health care proxy.
Always remember: an advance directive is only used if you are in danger of dying and need certain emergency or special measures to keep you alive, but you are not able to make those decisions on your own. An advance directive allows you to make your wishes about medical treatment known.
Unfortunately, only seven states have adopted the act (Alaska, Delaware, Hawaii, Maine, Mississippi, New Mexico, and Wyoming), and even then, only with their own home-grown variations.
Advance Medical Directives are legal documents that permit you to make future health care decisions and to appoint another person to make health care decisions for you if you are unable to do so (i.e. if you are incapacitated, in a coma, etc.).
Types of Advance Care DirectivesCommon Law Advance Care Directives which are recognised by the common law (decisions made by judges in the courts) and generally must be followed.Statutory Advance Care Directives which are governed by State and Territory legislation.