Power of attorney (POA) is the legal authority to act for someone else. It’s also the name of the document that grants this power.
A power of attorney form allows you (the “principal”) to appoint any individual (the “agent” or “attorney-in-fact”) to manage your financial, medical, or other legal affairs.
Power of attorney laws vary by state. So, you need to download a power of attorney form specific to North Dakota (ND).
Because there are different types of power of attorney, the form you need depends on what the POA is for and when the POA is effective.
North Dakota (ND) Power of Attorney Documents
How to Get Power of Attorney in North Dakota
To get power of attorney, the principal and agent need to fill out and sign a power of attorney form detailing the conditions of the agent’s powers.
Once you’ve decided who your agent will be and what type of powers you want to give them, make sure you choose the correct form.
Powers of attorney relating to your property and finances are governed by the North Dakota Uniform Durable Power of Attorney Act, while powers of attorney for health care decisions must be completed according to the North Dakota Code §23-06.5.
All the templates and forms available on this page comply with the related North Dakota laws.
North Dakota POA Requirements
Powers of attorney in North Dakota must meet the requirements of the Uniform Durable Power of Attorney Act.
- Make sure you include the following information on your form:
- The names and addresses of the principal and designated agent(s)
- What powers are granted to the agent
- When the agent’s powers begin and end
- The date of execution
- Signatures of the principal, agent, and notary
- To be legally valid, the principal must acknowledge their signature before a notary public.
To be considered durable, the power of attorney must contain specific language indicating the agent’s powers survive the principal’s incapacity, for example, “This power of attorney is not affected by subsequent disability or incapacity of the principal or by lapse of time.”