5 COMMON QUESTIONS ABOUT Health Care Directives

Every competent adult has the right and responsibility to make decisions relating to their own health care, including the decision to have health care provided, withheld or withdrawn. But what happens when an adult becomes incapacitated and cannot make decisions on their own? North Dakota law enables adults to retain control over their own health care during periods of incapacity through something known as “health care directives.”

Q:

What is a health care directive?

A:

A health care directive is a written document which contains health care instructions to be followed by health care providers or others assisting with your health care and may also include a power of attorney appointing a person to make health care decisions on your behalf when you lack capacity to make health care decisions. It is important to remember a health care directive is only effective if you are incapacitated. If you have capacity, you will make all decisions regarding your own health care.

Q:

What type of health care decisions can you designate to your agent?

A:

You can instruct and/or designate all health care decisions that you would be able to make to your agent. These health care decisions include the selection of health care providers, whether to undergo various tests, procedures and surgeries, and also under what circumstances you wish to receive or withhold artificial nutrition and hydration. Your agent will follow your instructions, and if no instructions are provided, will make decisions based on their knowledge of your wishes and religious or moral beliefs and values.

Q:

What are the requirements for a health care directive?

A:

A health care directive must be in writing, dated, state your name, be signed by you, and have your signature verified through a notary public or qualified witnesses.

Q:Who can I appoint as my power of attorney/ agent in a health care directive?

A:

You should appoint someone you know and trust with your health care decisions. However, you cannot appoint your health care provider or long-term care services provider or any non-relative who works for your health care provider or long-term care services. You can appoint any other person, but most people choose a relative or a close trusted friend.

Q:Can I appoint more than one agent?

Yes, you can either appoint joint agents or alternate agents. If you designate an alternate agent, the alternate agent will only be able to make decisions if the original agent is not reasonably able to serve or is unwilling. If you appoint joint agents, you should make clear whether the joint agents may act independently of one another or if they both must agree to all health care decisions on your behalf.

Ian R. McLean

This article was prepared by Ian McLean, an attorney with the Serkland Law Firm in Fargo. McLean practices in the areas of general commercial litigation, personal injury, estate litigation, municipal law and education law. For more information, call 701-232-8957, email imclean@serklandlaw.com or visit serklandlaw.com.

This article should not be considered legal advice and should not be relied upon by any person with respect to his/her specific situation.