Most of us don’t like to think about a time when we can’t make our own decisions. But an accident, a stroke or a long illness can happen at any age. Two documents let you decide ahead of time who will speak for you.
Health care directive
In North Dakota, a health care directive lets you name a health care agent to make medical decisions for you if you can’t make them yourself. You can also write down your wishes about treatment, such as life support, pain management or organ donation.
The directive has to be signed with the formalities North Dakota law requires, in front of a notary or qualified witnesses. Give copies to your agent, your doctor and close family so it can be found when it’s needed.
Durable power of attorney
A durable power of attorney names someone to handle your finances and legal matters. That can mean paying bills, managing bank accounts, filing taxes or dealing with property. “Durable” means it keeps working if you become incapacitated, which is exactly when your family needs it.
What happens without them
If you become unable to make decisions and haven’t signed these documents, your family may have to ask a court to appoint a guardian or conservator. That takes time, costs money and can mean a judge decides who manages your affairs.
Choosing the right people
- Pick someone you trust completely, who is organized and calm under pressure
- Talk with them about your wishes before you name them
- Name a backup in case your first choice can’t serve
- Your health care agent and your financial agent don’t have to be the same person
Keep them current
Review these documents after a marriage, divorce, move or major health change, or if the person you named is no longer the right fit.
We prepare health care directives and powers of attorney for North Dakota residents and go over each one with you before you sign. Our estate planning services are provided in North Dakota only. Call us at 703-649-4848.
