Durable Power of Attorney Form | North Dakota

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Updated on May 10th, 2023

A North Dakota durable (financial) power of attorney form allows an attorney-in-fact to manage all or a part of the principal’s financial affairs. The powers granted unto the attorney-in-fact take effect immediately upon execution of the document and continue even in the event of the principal’s incapacitation. However, the principal may choose to add a provision to the document expressing that the power of attorney comes into effect only upon their incapacitation. An attorney-in-fact should be chosen based on merit (competency in business and accounting) as well as trust (someone responsible that will protect the principal’s assets). The document can be revoked at any time as long as the principal is of sound mind.

Laws

  • “Durable” Definition (Chapter 30.1-30) – A durable power of attorney is a power of attorney by which a principal designates another as the principal’s attorney in fact in writing and the writing contains the words “This power of attorney is not affected by subsequent disability or incapacity of the principal or by lapse of time,” or “This power of attorney becomes effective upon the disability or incapacity of the principal,” or similar words showing the intent of the principal that the authority conferred is exercisable notwithstanding the principal’s subsequent disability or incapacity, and, unless it states a time of termination, notwithstanding the lapse of time since the execution of the instrument.
  • Statute – Chapter 30.1-30 (Uniform Durable Power of Attorney Act)
  • Signing Requirements – Not specified in North Dakota code; notary acknowledgment or witness endorsement is recommended.