Advance Directives
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Advance Directives
Advance Directives are documents you can write regarding your wishes about medical treatments given in ADVANCE of an incapacitating illness. An Advance Directive then gives DIRECTION to your family and physician about what decisions you would want made. Advance Directives are used when you cannot communicate your decisions for yourself.
MeritCare supports your right to make informed decisions about medical care. MeritCare has policies and procedures in place to ensure that each patient's Advance Directive is honored.
National Law
The Patient Self-Determination Act, passed by Congress in 1991, requires that health care providers educate patients and the community on issues related to Advance Directives. It requires all facilities certified by Medicare and Medicaid to furnish timely information so patients have the opportunity to express their wishes regarding the use or refusal of medical care. This federal law takes no stand on what decisions a person should make. It does not require a person to execute an Advance Directive. It does require each state to develop written information on their laws regarding Advance Directives.
North Dakota Law
North Dakota recognizes two forms of Advance Directives: a Living Will and a Durable Power of Attorney for Health Care.
North Dakota Advance Directive
Making Health Care Decisions in North Dakota
Frequently Asked Questions
Minnesota Law
Minnesota Advance Directive
North Dakota and Minnesota law
- North Dakota and Minnesota recognize a planning tool called a Health Care Directive.
- All North Dakota and Minnesota forms are available at MeritCare upon your request. You do not need an attorney to develop an Advance Directive.
- If you have completed an Advance Directive, it is important that MeritCare has a copy on your chart. If you bring a copy, we will make duplicates for your medical record. An Advance Directive can be changed or revoked by you at any time.
- If you are admitted for care at MeritCare Hospital, MeritCare Home Care, or MeritCare Transitional Care Unit, a nurse will be asking you about any choices you have made regarding Advance Directives. It is required by law that we ask you if you have an Advance Directive and provide you with this information.
South Dakota Law
South Dakota recognizes the South Dakota Durable Power of Attorney For Health Care.
South Dakota Advance Directive
Summary of Laws on Advance Directives
The following information regarding Advance Directives was developed as general information and is not intended to provide specific legal advice regarding Advance Directives. If you have specific legal questions, you should consult an attorney of your choice.