This law allows another person to consent to health care for a minor patient or a patient who is determined by a Physician, to be incapacitated and unable to make or communicate their own medical health care decisions.

Who Is Allowed To Provide Informed Consent?

The following people are allowed to provide consent. They are listed in the order of priority:

• A guardian who has been authorized to make medical decisions.
• The person named in a Durable Power of Attorney which includes the authority to make health care decisions;
• An appointed guardian or custodian of the patient;

The following people must have maintained significant contact with the incapacitated person.

• The spouse;
• Children who are at least 18 years old;
• Parents, including a stepparent;
• Adult brothers and sisters;
• Grandparents
• Grandchildren who are at least 18 years old; and
• A close relative or friend who is at least 18 years old.

Can A Person With a Lower Priority Provide Consent If a Person With a Higher Priority Has Refused To Provide Consent?

NO. The law provides that if a person of higher priority has refused to give consent, a person of lower priority may NOT provide consent.

Are There Any Guidelines Which Must Be Followed by The Person Giving Consent To Health Care?

YES. Before giving consent, the person first must determine that you, if you were not incapacitated, would consent to the proposed health care.

If the person does not know your wishes, they are REQUIRED to determine that the proposed health care is in YOUR best interests.

What Must Your Physician Do When Needing Informed Consent?

A physician needing informed consent for proposed health care for a minor patient or a patient who is incapacitated and unable to consent must make reasonable efforts to locate and secure authorization for the health care from a competent person in priority listing.

March 2007
Section 23-12-13 N.D.C.C.
Published in conjunction with Department of Aging Services -Title III.