A North Dakota durable power of attorney form allows someone to appoint someone else to make financial decisions on their behalf. The appointing person is called “a principal“ and the appointee is called “an agent.”
The term durable means that the form will remain effective in case the principal becomes incapacitated. However, the form needs to be executed while the principal is sound of mind and understands the implications of a DPOA.
Here is what you need to know to create a durable power of attorney in North Dakota.
North Dakota Durable Power of Attorney Requirements
In North Dakota, power of attorney forms can be made durable by including the following or similar language:
“This power of attorney is not affected by subsequent disability or incapacity of the principal or by lapse of time.”
“This power of attorney becomes effective upon the disability or incapacity of the principal.”
Relevant Laws: §§ 30.1-30-01 — 30.1-30-06 (Uniform Durable Power of Attorney Act)
Presumed Durable: No. § 30.1-30-01
Signing: No requirements.
Notarization: No requirements, although it’s recommended in case banks or other financial institutions will require it to validate the document.
Statutory Form: No.
How to Fill Out a North Dakota DPOA Form
Follow these steps to easily complete our blank durable power of attorney form for North Dakota:
Step 1: Designate an Agent
Your agent will have access to your bank account and other sensitive information, so you need to make sure that the person you appoint is trustworthy, capable, and understands what a power of attorney is.
Their fiduciary duty will be to act in your best interest and handle money and legal issues on your behalf. In case your appointed agent is unavailable, you can also name one or more successor agents to step in.
Once this is settled, the parties should write their names and addresses at the top of the durable power of attorney form.
Step 2: Grant Authority
The agent can have limited or broad powers to act on your behalf. If you are planning for incapacity, it’s best to give broad powers to your agent so that they’ll have more flexibility to manage unforeseen issues on your behalf. But if you need a specific type of transaction handled, you can opt for a limited power of attorney.
Here are the most common subject areas you can include on your DPOA in North Dakota
- real estate
- banking and financial transactions
- retirement plan
- stocks and bonds
- business operations
- government benefits
- tax matters
- personal and family maintenance
You can also add specific instructions on the DPOA form about how you’d want these areas handled.
Step 3: Ensure Your Form is Durable
For the power of attorney to continue even if the principal is incapacitated, the form must be made durable.
In North Dakota, you must include specific language in order to make your power of attorney form durable.
Step 4: Sign and Date the Form
To complete the paperwork, the agent and the principal sign and date the durable power of attorney form.
In North Dakota, notarization is not required, but it’s a good idea to validate your DPOA by signing it in the presence of a notary public.
Storing and Using Your Form in North Dakota
A copy of your DPOA form should be shared with your agent so that they can validate the authority granted by you with third parties if needed. You should keep a copy of the form in a safe place and share a copy with the businesses or third parties your agent will have to deal with.
Signing on Behalf of the Principal
Your agent will be able to sign on your behalf if you contact the third party or place the DPOA will be used, and you provide your ID and that of your agent.
The agent can then sign on your behalf as follows:
by [Agent’s name]
Power of attorney
Revoking a Durable Power of Attorney in North Dakota
To revoke a durable power of attorney in North Dakota, a revocation of power of attorney needs to be created and filed.