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, known as the declarant, 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 the administration, withholding, or withdrawal of life-sustaining treatments if the declarant is in a terminal condition or an irreversible condition where recovery is not expected. North Dakota's specific statutes governing living wills and related health care directives can be found in the North Dakota Century Code (NDCC), particularly in sections related to health care directives. These laws ensure that the individual's choices are respected and followed by health care providers. It is important for residents of North Dakota to understand their rights under these laws and to create a living will that accurately reflects their health care preferences. An attorney can assist in drafting a living will to ensure it is legally sound and meets all state requirements.