North Dakota Surrogate Decision Maker Lookup

Who can make medical and money decisions for an adult in North Dakota who cannot decide: an agent, a guardian, or North Dakota's default surrogate order. Runs in your browser; nothing is stored.

North Dakota law checked against official sources on October 26, 2026.

Everything you enter stays in your browser. Nothing is sent, saved, or added to the page address. No names are asked for.

What needs deciding?
Can the person understand this decision and make it, with help if needed?
Which of these exist? (tick all that apply)

Who has authority in North Dakota

  1. With no agent and no guardian, this state's default surrogate law lets a family member or other listed person make health-care decisions, in the order below.
  2. If nobody is available or the family disagrees, a court can appoint a guardian. That is slower and costs more than documents signed in advance.

North Dakota's default surrogate order

  1. Health care agent under a health care directive
  2. Appointed guardian or custodian
  3. Spouse (Must have kept significant contact with the patient)
  4. A child 18 or older (Must have kept significant contact)
  5. A parent, including a stepparent (Must have kept significant contact)
  6. An adult sibling (Must have kept significant contact)
  7. A grandparent (Must have kept significant contact)
  8. A grandchild 18 or older (Must have kept significant contact)
  9. A close relative or friend 18 or older (Must have kept significant contact)
  10. An interdisciplinary team of at least three health care professionals (The provider must keep trying in good faith to find someone in a higher class)
What it covers
Lists who may give informed consent to health care for an incapacitated adult, unless a court decides otherwise.
If more than one person is in the same group
No majority rule is stated. A person in a lower class may not consent if someone with higher priority has refused.
If nobody on the list is available
The last class is an interdisciplinary team of at least three health care professionals.
Who decides the person cannot decide
The patient's attending physician, psychiatrist or psychologist must certify incapacity in the medical record.
Limits
  • A surrogate cannot consent to sterilization, abortion, psychosurgery or a state mental health facility admission over 45 days without a court order or mental health proceeding.
  • The surrogate first decides in good faith whether the patient would consent; if that cannot be known, only care in the patient's best interests.
  • If the patient or an interested person objects to the incapacity finding, a court hearing must be held.

Source: N.D. Cent. Code 23-12-13 · Checked October 26, 2026

Next steps

Who decides in North Dakota without a power of attorney?

North Dakota's default surrogate law (N.D. Cent. Code 23-12-13) covers health-care decisions generally. Without a health-care agent or guardian, the first person in line under the statute is: Spouse (must have kept significant contact with the patient).

North Dakota's default surrogate law in full

North Dakota's default surrogate order

  1. Health care agent under a health care directive
  2. Appointed guardian or custodian
  3. Spouse (Must have kept significant contact with the patient)
  4. A child 18 or older (Must have kept significant contact)
  5. A parent, including a stepparent (Must have kept significant contact)
  6. An adult sibling (Must have kept significant contact)
  7. A grandparent (Must have kept significant contact)
  8. A grandchild 18 or older (Must have kept significant contact)
  9. A close relative or friend 18 or older (Must have kept significant contact)
  10. An interdisciplinary team of at least three health care professionals (The provider must keep trying in good faith to find someone in a higher class)
What it covers
Lists who may give informed consent to health care for an incapacitated adult, unless a court decides otherwise.
If more than one person is in the same group
No majority rule is stated. A person in a lower class may not consent if someone with higher priority has refused.
If nobody on the list is available
The last class is an interdisciplinary team of at least three health care professionals.
Who decides the person cannot decide
The patient's attending physician, psychiatrist or psychologist must certify incapacity in the medical record.
Limits
  • A surrogate cannot consent to sterilization, abortion, psychosurgery or a state mental health facility admission over 45 days without a court order or mental health proceeding.
  • The surrogate first decides in good faith whether the patient would consent; if that cannot be known, only care in the patient's best interests.
  • If the patient or an interested person objects to the incapacity finding, a court hearing must be held.

Source: N.D. Cent. Code 23-12-13 · Checked October 26, 2026

How authority works when someone cannot decide

An adult who can understand a decision makes it, even when family disagrees. Authority passes to someone else only when the person cannot decide, and the source of that authority matters.

The strongest source is a document the person signed while able: a health-care power of attorney or advance directive naming an agent for medical decisions, and a durable power of attorney for money and property. A court appointment (a guardian, or in some states a conservator for money) comes next, and it is slower and more expensive.

For health-care decisions only, most states also have a default surrogate law, sometimes called a family consent law. It lists who may decide when there is no agent and no guardian, usually starting with a spouse, then adult children, then parents and siblings. Doctors and hospitals apply it at the bedside.

There is no "next of kin" list for money

Default surrogate laws cover health care, not bank accounts, bills or property. Being a spouse, child or next of kin does not by itself let you sign checks or sell a house for another adult. Without a durable power of attorney, managing someone else's money usually needs a court appointment.

Federal benefits follow their own rules. Social Security says a power of attorney, an authorized representative or a joint account is not the same as being a payee; SSA appoints a representative payee. VA appoints a fiduciary for a beneficiary who cannot manage VA benefits.

What this tool does not do

  • It reports what each state's statute says. It does not decide whether a person has capacity; the treating doctor does.
  • It does not decide disputes between family members or replace a court order. A guardianship order or a power of attorney can change who decides.
  • Hospitals, nursing homes and other states' laws can add steps. Ask the facility's patient-relations or legal office which law it applies.
  • It is general legal information, not legal advice for your situation.

Frequently Asked Questions

Who makes medical decisions in North Dakota if there is no power of attorney?

North Dakota's default surrogate law (N.D. Cent. Code 23-12-13) covers health-care decisions generally. Without a health-care agent or guardian, the first person in line under the statute is: Spouse (must have kept significant contact with the patient). The full order, tie rule and limits are in N.D. Cent. Code 23-12-13.

Does next of kin in North Dakota have authority over money?

No default surrogate law covers money. In North Dakota, as everywhere, managing another adult's accounts or property takes a durable power of attorney or a court appointment.

Sources

North Dakota law checked against the official text on October 26, 2026.

Know someone who could use this? Share this free tool:

Share: