NORTH DAKOTA LEGAL INFORMATION

Witnesses: Two witnesses OR a notary are necessary to the signature of the maker;

Who may be a witness? North Dakota law provides the following regarding witnesses and notaries to a Living Will:

A person notarizing the document may be an employee of a health care or long-term care provider providing direct care to the principal. At least one witness to the execution of the document must not be a health care or long-term care provider providing direct care to the principal or an employee of a health care or long-term care provider providing direct care to the principal on the date of execution. The notary public or witness may not be, at the time of execution, the agent, the principal's spouse or heir, a person related to the principal by blood, marriage, or adoption, a person entitled to any part the estate of the principal, a person directly financially responsible for the principal's medical care, or the attending physician of the principal.
N.D. Stat. §23-06.5-05 and 4-03.

Notary: There is no express provision in the North Dakota statutes requiring that a living will be notarized; however, it is highly recommended that your living will be notarized to ensure that it is accepted by medical personnel in an emergency situation;

Must health care agent sign form? A health care agent is required to sign the form;

North Dakota Statutes containing living will requirements: See North Dakota Code 23-06.4-01, et al. and 23-06.5-01, et al.

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