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2B. Medical Legal Documents

Here are five important medical legal documents you need to know about. Doctors need to follow these documents by law.

Flip the boxes to learn about each document.

Advance Health Care Directive

A document stating what actions a person wants—or doesn’t want—when they’re too sick or incapacitated to make their own medical decisions.

A person can also create a Mental Health Care Directive which only addresses mental health medical decision-making.

Durable Power of Attorney

A document that gives legal powers to an individual who can make decisions on behalf of someone who is gravely ill or incapacitated.

Living Will

A document that deals with end-of-life decisions. It’s a form of Advance Health Care Directive. It comes into play when a person is terminally ill and can’t communicate decisions.

Substitute Decision-Maker

A document that designates a medical decision-maker for someone who is incapable of making decisions on their own. It keeps in mind the person’s wishes to the extent possible.

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Supported Decision-Making Agreement

This document allows a person to name “supporters” who will help make informed decisions. Supporters do not make decisions. Instead, they help explain information and alternatives so that the person can make informed choices.

For more information see [NDCC 23-06.5] and [NDCC 30.1-28 -04(6)]