Updated August 3, 2026. Quick answer: North Dakota calls this instrument health care directive, agent. To execute it you need 2 witnesses — and the state requires witnesses OR a notary — either one. Getting that conjunction wrong is the most common way a directive fails when it is needed.
Source note. The statute text below comes from a codified reproduction of the state code rather than the state’s own site, because the official host could not be reached. The section number and wording are the state’s; confirm against your state’s own publication before executing.
The execution box
| What the state calls it | health care directive, agent |
|---|---|
| Witnesses required | 2 |
| Witnesses or notary? | witnesses OR a notary — either one |
| Who may NOT witness | Witnesses and notaries cannot be the agent, spouse, heir, blood/marriage relative, estate beneficiary, creditor of the estate, someone financially responsible for the principal’s medical care, or the attending physician. |
| If you are in a care facility | At least one witness must not be a health care or long-term care provider providing direct care to the principal, or an employee of such a provider; a notary faces no such restriction. |
| Authority | N.D. Cent. Code §23-06.5-05 |
What the statute says
A health care directive must be signed by the principal and that signature must be verified by a notary public or at least two or more subscribing witnesses who are at least eighteen years of age.
— N.D. Cent. Code §23-06.5-05
The form
The statute refers to a form, but we could not retrieve an official copy to link. Ask your state health department or check the statute itself — many states publish one free. We are not linking a commercial seller in its place.
Why the witness rules matter more than the wording
People spend their effort on what the directive says and almost none on how it is signed. A directive that expresses your wishes perfectly but was witnessed by someone the statute disqualifies may not be honoured. The disqualification lists exist because the people most likely to be in the room — family, the treating doctor, facility staff — are the people with an interest in the outcome.
Two practical consequences. Ask who is signing before the appointment, not during it. And if you are already in a hospital or care facility, check the facility rule row above — several states add a requirement that applies only to patients and residents, and it is the one nobody mentions.
This is the medical instrument, not the financial one
A financial power of attorney is a different document with different execution rules. Having one does not give anyone authority over your medical care, and having this one gives nobody authority over your money. Most people need both, and they are executed separately.
What could not be verified
ndlegis.gov’s own site only exposes this chapter as a single combined PDF (t23c06-5.pdf), which the fetch tool could not extract as readable text; relied on a third-party source’s codified mirror instead, which cites the same section number and is consistent with the ND section index (23-06.5-05, ‘Execution and witnesses’) confirmed directly on ndlegis.gov.
Related: all states compared · living will versus healthcare proxy · what it costs.
General information drawn from state statutes and official state materials, not legal or medical advice. Advance-directive law is STATE law and the execution requirements differ in ways that decide whether a document works: some states require witnesses AND a notary, some accept either, and the list of people who may not witness varies. A directive executed the wrong way may not be honoured when it matters. Many states publish a free official form – you should not have to buy one.