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Health Care Directive: Nature and Effect
A resident of a long term care facility or a patient in a hospital can
draw up a Health Care Directive.
ND law requires a signed statement that this person is aware of the nature
and effect of a Health Care Directive.
Nature and Effect Explanation
A Health Care Directive is an important legal document. You need to know
these important facts before drawing up a Health Care Directive.
- You do not need to draw up a Health Care Directive.
- A provider cannot refuse service because you have a Health Care Directive.
- A Health Care Directive does not become effective until you are unable
to make your own health care decisions. This is determined by your doctor
and written in your medical file. If you get better and can make health
care decisions again, a Health Care Directive stops being effective.
- You must be at least 18 years of age before you can sign the document.
- If you already have a Health Care Directive, any new document you
draw up will replace it.
- The document can either be notarized or two adults can sign as witnesses.
The notary can be your health care provider. Only one of the witnesses
can be your health care provider or any of their employees.
- The notary or witnesses cannot be your agent or spouse. They cannot
be a relative or someone financially responsible for your care. They
cannot be your attending physician. They cannot inherit or have any
present claim against your estate.
THE AUTHORITY YOU GIVE WILL EXIST UNTIL YOU TAKE IT AWAY, STATE A TIME
WHEN IT WILL END, UNTIL YOU ARE ABLE TO MAKE YOUR OWN HEALTH CARE DECISIONS
AGAIN, OR UNTIL YOUR DEATH.
- You can take away the authority orally or in writing. You can inform
your agent to stop making health care decisions for you. You can also
inform your doctor, hospital or other health care provider you want
the authority to end.
Your agent can make all health care decisions. However, your agent is
limited to the health care decisions you included in the document or as
stated orally by you.
Your Health Care Agent automatically has the following
powers:
- The power to make any health care decisions for you. This includes
the power to give, refuse, or withdraw consent to any treatment or care,
including care that is keeping you alive or that could keep you alive,
and deciding about mental health treatment;
- The power to choose your health care providers;
- The power to choose where you live and receive care;
- The power to review your medical records and let others look at your
medical records.
- If you do not want your Health Care Agent to have some or all of the
powers above, you must say so in your Health Care Directive
Your Health Care Agent does NOT automatically have
these powers:
- The power to decide if you should be an organ donor;
- The power to decide what to do with your body after you die.
If you want your Health Care Agent to have the powers above, you must
say so in your Health Care Directive. You can also include your own statement
about whether you wish to be an organ donor or what should be done with
your body after you die.
You can include statements about your beliefs and values about your health
care.
You can include statements about what you want and do not want for your
health care.
Your Health Care Agent and health care providers must follow any statements
in your Health Care Directive about your beliefs and values, and what
health care you want and do not want.
You can change your statements about beliefs and values
and what health care you want and do not want at any time.
Disclaimer: This information is not legal advice. If you have a legal
problem, you should talk to a lawyer and ask for advice about your options.
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