The North Dakota power of attorney revocation form is used to officially terminate any type of previously established POA when the principal no longer needs the delegated powers. This form requires details of the parties involved and the original contract, along with necessary signatures to validate the revocation. It’s crucial to distribute copies to relevant parties after execution to ensure they are informed of the revocation and prevent unauthorized representation.
Legal Considerations
Revocation – § 30.1-30-04.
Signing Requirements – Unspecified by law, but it is advisable to have the revocation signed, dated, and notarized to ensure its effectiveness.
Revocation and Termination
To revoke a Power of Attorney (POA) in North Dakota, follow these steps:
- Create a Written Notice: Draft a notice of revocation including the principal’s name, the agent’s name, and the date the original POA was signed. This notice must be signed and dated by the principal.
- Deliver the Notice: Deliver the revocation notice to the agent either in person or via certified mail with a return receipt to confirm delivery.
- Notify Third Parties: Inform any third parties, such as banks or financial institutions, that the agent’s authority under the POA is terminated.
- Effective Immediately: The revocation takes effect immediately upon delivery, and the agent loses authority to act.
- Record the Revocation: For durable POAs, record the revocation at the local county recorder’s office where the original POA was filed.
Fees
- Notary Fees: In North Dakota, notaries may charge a maximum of $5 per notarial act, but additional payment may be agreed upon if the notary has to travel in order to notarize the document.
- Legal Fees: Consulting an attorney for complex POA issues is advisable, with fees varying by situation complexity and attorney experience. Charges may be flat (ranging from $100 to $500) or hourly.
- Recording Fees: To record a POA revocation in North Dakota, fees at county recorders’ offices typically range from $20 to $50.
Related Forms
Medical Power of Attorney
Signing Requirements: Two witnesses or a notary public. (§ 23-06.5-05).
Durable Power of Attorney
Signing Requirements: None.
Vehicle Power of Attorney
Signing Requirements: Principal only.
Minor (Child) Power of Attorney
Signing Requirements: Notary public.
