What Is a North Dakota Power of Attorney?
A power of attorney form in North Dakota grants permission for one party, the agent, to act on behalf of the other, the principal. A power of attorney can be specific to key activities, like legal, medical, or financial decision-making. Other power of attorney solutions may include permission for more generalized decision-making.
This form is essential in estate planning, as it ensures your wishes are followed if you’re unable to make decisions due to illness, injury, or absence. However, you must create the POA while you’re mentally capable of understanding and signing it—a POA cannot be made after incapacitation.
Types of Powers of Attorney in North Dakota
When filling out a North Dakota power of attorney form, make sure you select the right type of document for your needs. There are several types of power of attorney documents in North Dakota.
Durable (Financial)
Use if you want your agent to continue to act on your behalf if you become incapacitated and can't legally make decisions for yourself.
Signing Requirements: None.
Medical
Appoint an agent to manage your medical and health care affairs on your behalf.
Signing Requirements: Two witnesses or a notary public. (§ 23-06.5-05).
Non-Durable (General)
Authorize a third party to take care of your financial and general affairs.
Signing Requirements: None.
Springing
“Springs” into effect in a certain situation, and ends at a time you choose.
Signing Requirements: None.
Vehicle
Authorize someone to handle DMV transactions for your motor vehicle with this document.
Signing Requirements: Principal only.
Real Estate
Provides an agent the ability to oversee the principal's real estate activities.
Signing Requirements: Notary public.
Tax (Form 500)
Use a North Dakota Office of State Tax Commissioner Power of Attorney to appoint a state tax agent.
Minor (Child)
Entrusts temporary guardianship for a child's support and schooling.
Signing Requirements: Notary public.
Durable vs. Non-Durable POAs
A durable POA stays valid even if you become mentally incapacitated. It’s commonly used in long-term estate planning and remains in effect until revoked or terminated. Powers of attorney in North Dakota are not presumed to be durable unless specifically stated.
A non-durable POA ends if you become incapacitated. It’s typically used for short-term or one-time decisions, like signing documents while traveling. This is noted in ND Cent Code § 30.1-30-01.
Medical/Healthcare POA
A North Dakota medical power of attorney grants the agent the ability to make medical decisions on behalf of the principal if they are incapacitated and cannot make them for themselves. This is laid out in ND Cent Code § 23-06.5-01.
A living will, on the other hand, lays out the specific steps the principal wants regarding life-saving medical treatment. It may lay out things like how long they would like to be placed on life support or when they would want to end care. A living will typically becomes effective once it appears that the principal’s recovery is unlikely. In North Dakota, the medical power of attorney and living will are usually combined into a single document known as an advance directive.
Financial POA
A financial power of attorney in North Dakota grants the agent permission to act on the principal’s behalf in financial matters, including making payments, managing the bank account, and managing investments. A financial POA may be limited to specific areas or generalized.
How to Write a Power of Attorney for North Dakota
Our document builder makes creating a valid North Dakota POA easy. Just follow the prompts to include:
- Full legal names and addresses of the principal and agent
- The type of POA you want (durable, medical, financial)
- Any specific powers or limitations
- The effective date (immediate or triggered by an event)
- Signatures of the principal (and agent, if applicable)
While North Dakota doesn’t require notarization, we strongly recommend it for added security and credibility.
Our template already includes the legally required sections—all you have to do is fill in your preferences.
Legal Requirements and Considerations for North Dakota POAs
North Dakota lays out several specific requirements for power of attorney documents.
Duration
A POA can come into effect immediately upon signing or based on specific circumstances, such as the principal’s incapacity. Unless otherwise specified, the document will be effective upon signing.
While North Dakota durable power of attorney documents last indefinitely, non-durable POAs may have specific termination dates. Non-durable POAs in North Dakota end when the principal dies or becomes incapacitated. A POA that gives authority over minors can only last for six months.
Termination
POAs in North Dakota may terminate under several circumstances. That may include the principal dying, the agent dying, or facing incapacitation, or the terms of the agreement coming to an end. Generally, the POA will lay out specific terms under which the agreement will terminate. If a spouse is named as the agent, the POA ends automatically in the event of divorce or legal separation.
Revocation
Revocation of a power of attorney in North Dakota occurs when the principal decides they no longer want to continue the agreement. They have the right to revoke the POA at any time, as per ND Cent Code § 30.1-30-04.
First, the principal will need to draft a written revocation and have it notarized. Then, they must notify the agent and any relevant parties. That may include entities like a bank that knows the agent previously had the right to act on behalf of the principal. The principal should ensure that the revocation notice is delivered to the agent, as the agent may continue making decisions until they are notified.
Filing
In most cases, a North Dakota power of attorney does not have to be filed. However, if the POA is specifically for real estate, it should be filed with the local county clerk of court.
Signing and Notarization
Creating and legalizing a power of attorney in North Dakota does not require notarization. However, it is recommended for those who want to make sure they have legalized the document. Notarizing the document also helps create a record of it. Notarizing your form creates a much-needed layer of security, increasing your confidence that the principal’s wishes will be followed.
Both the principal and the agent should sign the document.
