A living will—also known as an Advance Health Care Directive—is a document in which the declarant or principal (person making the living will) specifies what kind of medical treatment the declarant does and does not want if the declarant has a medical emergency and is unable to communicate those wishes. A living will may direct health care providers to administer, withhold, or withdraw life-sustaining treatments if the declarant is in a terminal or irreversible condition.

Laws and terminology for documents related to living wills, Advance Health Care Directives, Do Not Resuscitate orders (DNRs), and other health care documents vary from state to state. These laws are generally located in a state’s statutes—often in the probate code or estates code.

In North Dakota, a living will is recognized under state law as an Advance Health Care Directive, which allows an individual to outline their preferences for medical treatment in the event they are unable to communicate their wishes due to a medical emergency. This document can include instructions on administering, withholding, or withdrawing life-sustaining treatments if the individual is in a terminal condition or an irreversible coma. North Dakota's specific statutes governing living wills and other advance directives can be found in the North Dakota Century Code (NDCC), particularly in Chapter 23-06.5, known as the Uniform Health-Care Decisions Act. This act provides the legal framework for individuals to make decisions about their health care in advance through directives and appoint health care agents. It also includes provisions for Do Not Resuscitate (DNR) orders, which are separate directives indicating that an individual does not want resuscitative measures if their heart stops or they stop breathing. It is advisable for individuals to consult with an attorney to ensure that their living will and any other advance directives are properly executed and reflect their wishes in accordance with North Dakota law.