North Dakota Power of Attorney Form Create North Dakota Power of Attorney Form

North Dakota Power of Attorney Form

Updated Mar 04, 2026 2 Downloads

A North Dakota Power of Attorney Form is a legal document that grants an agent the authority to act on behalf of a principal in financial or medical matters.

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NORTH DAKOTA POWER OF ATTORNEY FORM

IMPORTANT INFORMATION

This power of attorney authorizes another person (your agent) to make decisions concerning your property for you (the principal). Your agent will be able to make decisions and act with respect to your property (including your money) whether or not you are able to act for yourself. The meaning of authority over subjects listed on this form is explained in the Uniform Power of Attorney Act, North Dakota Century Code Chapter 30.1-30.

This power of attorney does not authorize the agent to make health care decisions for you.

You should select someone you trust to serve as your agent. Unless you specify otherwise, generally the agent's authority will continue until you die or revoke the power of attorney or the agent resigns or is unable to act for you.

Your agent is entitled to reasonable compensation unless you state otherwise in the Special Instructions.

This form provides for designation of one agent. If you wish to name more than one agent, you may name a co-agent in the Special Instructions. Co-agents are not required to act together unless you include that requirement in the Special Instructions.

If your agent is unable or unwilling to act for you, your power of attorney will end unless you have named a successor agent. You may also name a second successor agent.

This power of attorney becomes effective immediately unless you state otherwise in the Special Instructions.

If you have questions about the power of attorney or the authority you are granting to your agent, you should seek legal advice before signing this form.

I. DESIGNATION OF AGENT

I, the Principal, name the following person as my agent:

Name of Principal:
Address of Principal:

Name of Agent:
Address of Agent:
Agent's Telephone Number:

II. DESIGNATION OF SUCCESSOR AGENT(S) (OPTIONAL)

If my agent is unable or unwilling to act for me, I name as my successor agent:

III. GRANT OF GENERAL AUTHORITY

I grant my agent and any successor agent general authority to act for me with respect to the following subjects as defined in the Uniform Power of Attorney Act, North Dakota Century Code Chapter 30.1-30.

(Check the boxes of the subjects you want to include in the agent's general authority. If you wish to grant general authority over all of the subjects you may check "All Preceding Subjects" instead of checking each subject.)

IV. GRANT OF SPECIFIC AUTHORITY (OPTIONAL)

My agent MAY NOT do any of the following specific acts for me UNLESS I have CHECKED the specific authority listed below:

(Caution: Granting any of the following will give your agent the authority to take actions that could significantly reduce your property or change how your property is distributed at your death.)

V. LIMITATION ON AGENT'S AUTHORITY

An agent that is not my ancestor, spouse, or descendant MAY NOT use my property to benefit the agent or a person to whom the agent owes an obligation of support unless I have included that authority in the Special Instructions.

VI. SPECIAL INSTRUCTIONS (OPTIONAL)

You may give special instructions on the following lines.

Special Instructions:

VII. EFFECTIVE DATE

This power of attorney is effective immediately unless I have stated otherwise in the Special Instructions.

VIII. NOMINATION OF GUARDIAN (OPTIONAL)

If it becomes necessary for a court to appoint a guardian of my estate or guardian of my person, I nominate the following person(s) for appointment:

IX. RELIANCE ON THIS POWER OF ATTORNEY

Any person, including my agent, may rely upon the validity of this power of attorney or a copy of it unless that person knows it has terminated or is invalid.

X. SIGNATURE AND ACKNOWLEDGMENT

PRINCIPAL

Signature: _________________________
Print Name: _______________
Date:
Address: _______________

IMPORTANT INFORMATION FOR AGENT

Agent's Duties

When you accept the authority granted under this power of attorney, a special legal relationship is created between you and the principal. This relationship imposes upon you legal duties that continue until you resign or the power of attorney is terminated or revoked. You must:

1. Do what you know the principal reasonably expects you to do with the principal's property or, if you do not know the principal's expectations, act in the principal's best interest;
2. Act in good faith;
3. Do nothing beyond the authority granted in this power of attorney; and
4. Disclose your identity as an agent whenever you act for the principal by writing or printing the name of the principal and signing your own name as "agent" in the following manner: (Principal's Name) by (Your Signature) as Agent.

Unless the Special Instructions in this power of attorney state otherwise, you must also:

1. Act loyally for the principal's benefit;
2. Avoid conflicts that would impair your ability to act in the principal's best interest;
3. Act with care, competence, and diligence;
4. Keep a record of all receipts, disbursements, and transactions made on behalf of the principal;
5. Cooperate with any person that has authority to make health care decisions for the principal to do what you know the principal reasonably expects or, if you do not know the principal's expectations, to act in the principal's best interest; and
6. Attempt to preserve the principal's estate plan if you know the plan and preserving the plan is consistent with the principal's best interest.

Termination of Agent's Authority

You must stop acting on behalf of the principal if you learn of any event that terminates this power of attorney or your authority under this power of attorney. Events that terminate a power of attorney or your authority to act under a power of attorney include:

1. Death of the principal;
2. The principal's revocation of the power of attorney or your authority;
3. The occurrence of a termination event stated in the power of attorney;
4. The purpose of the power of attorney is fully accomplished; or
5. If you are married to the principal, a legal action is filed with a court to end your marriage, or for your legal separation, unless the Special Instructions in this power of attorney state that such an action will not terminate your authority.

Liability of Agent

The meaning of the authority granted to you is defined in the Uniform Power of Attorney Act, North Dakota Century Code Chapter 30.1-30. If you violate the Uniform Power of Attorney Act, North Dakota Century Code Chapter 30.1-30, or act outside the authority granted, you may be liable for any damages caused by your violation.

If there is anything about this document or your duties that you do not understand, you should seek legal advice.

What is a North Dakota Power of Attorney Form?

A North Dakota Power of Attorney Form serves as a legal instrument allowing an individual to designate another person to manage their affairs. This document establishes a fiduciary relationship where the principal grants specific authority to an agent to make decisions regarding finances, property, business transactions, or healthcare. Residents utilize these forms to ensure continuity of management during absence or to prepare for potential incapacity where they cannot act on their own behalf.

Types of North Dakota Power of Attorney Forms

North Dakota law recognizes several distinct variations of this document, each tailored to specific needs and durations of authority:

  • General Power of Attorney - Grants the agent broad authority to handle financial and business matters on behalf of the principal but terminates if the principal becomes incapacitated.
  • Durable Power of Attorney - Contains specific language stating that the powers granted remain in effect even if the principal becomes mentally incompetent or incapacitated.
  • Limited Power of Attorney - Restricts the agent's authority to specific transactions or a defined period, such as handling a real estate closing or managing a single bank account.
  • Health Care Directive - Combines the appointment of a healthcare agent with instructions for end-of-life care, allowing a representative to make medical decisions when the principal cannot do so.
  • Minor Child Power of Attorney - Allows a parent to delegate parental powers regarding the care, custody, or property of a minor child to another adult for a temporary period, typically up to six months.

Legal Requirements for Validity

To create a legally binding delegation of authority in North Dakota, specific execution standards must be met:

  • Mental Capacity - The principal must be of sound mind and understand the nature and consequences of signing the document at the time of execution.
  • Age Requirement - The principal must be at least eighteen years of age to execute a valid power of attorney.
  • Notarization for Financial Powers - A statutory form power of attorney must be signed by the principal and acknowledged by a notary public to be presumed genuine.
  • Witnessing for Health Care Directives - Documents appointing a healthcare agent require either notarization or the signatures of two qualified witnesses.
  • Agent Acceptance - While not always required on the document itself, the agent must accept the appointment and agree to act in the principal's best interest.

North Dakota Statutory Provisions

The creation, execution, and interpretation of these documents fall under specific chapters of the North Dakota Century Code:

  • Uniform Power of Attorney Act - Governs the creation and scope of financial powers of attorney, outlining the duties and liabilities of agents (N.D.C.C. § 30.1-30-01 et seq.).
  • Health Care Directives - Establishes the legal framework for appointing a healthcare agent and providing instructions for medical treatment (N.D.C.C. § 23-06.5-01 et seq.).
  • Delegation of Powers by Parent - Permits parents to delegate powers regarding a minor child or incapacitated person for up to six months (N.D.C.C. § 30.1-26-04).
  • Real Property Recording - Mandates that a power of attorney used to convey real estate must be recorded with the county recorder where the property is located (N.D.C.C. § 47-10-01).

Agent Powers and Fiduciary Duties

An agent appointed under a North Dakota Power of Attorney Form assumes significant responsibilities. The law imposes a fiduciary duty, meaning the agent must act with the utmost good faith and solely for the benefit of the principal. Unless the document explicitly states otherwise, an agent may not use the principal's assets for their own benefit or mix their funds with those of the principal.

Standard powers often include:

  • Real Property Transactions - Buying, selling, leasing, or managing real estate.
  • Banking and Financial Operations - Opening accounts, withdrawing funds, and managing safe deposit boxes.
  • Tax Matters - Filing returns and representing the principal before tax authorities.
  • Government Benefits - Applying for and managing benefits from Social Security, Medicare, or Medicaid.

Revocation and Termination

Authority granted through a power of attorney does not last indefinitely. The principal retains the right to revoke the document at any time, provided they maintain the mental capacity to do so. Revocation should be done in writing and communicated to the agent and any third parties, such as banks, that relied on the original document.

Automatic termination occurs under specific circumstances:

  • Death of the Principal - All powers of attorney cease immediately upon the death of the principal.
  • Incapacity (Non-Durable) - A standard general power of attorney becomes invalid if the principal loses mental competency.
  • Divorce - If the spouse is the appointed agent, filing for divorce or legal separation typically terminates their authority unless the document states otherwise.
  • Resignation of Agent - An agent may resign by giving notice to the principal or, if the principal is incapacitated, to the guardian or conservator.

How to Execute a North Dakota Power of Attorney

Step 1: Determine the Scope - Decide whether the authority should be general, limited to specific tasks, or restricted to healthcare decisions.

Step 2: Select an Agent - Choose a trustworthy individual, typically a spouse, close relative, or friend, to act as the attorney-in-fact.

Step 3: Draft the Document - Utilize a form that complies with North Dakota statutes, such as the statutory form provided in the Uniform Power of Attorney Act.

Step 4: Execute the Document - Sign the form in the presence of a notary public for financial powers or appropriate witnesses for healthcare directives.

Step 5: Distribute Copies - Provide a copy to the agent and relevant institutions like banks or medical providers.

Frequently Asked Questions

Recording is generally not required for the document to be valid between the principal and agent. Recording with the County Recorder is necessary only if the agent will be handling real estate transactions on behalf of the principal.
No, an agent acting under a power of attorney cannot create, amend, revoke, or change the principal's last will and testament. The authority to draft a will is personal to the individual and cannot be delegated.
If the principal becomes incapacitated and has not executed a Durable Power of Attorney, the family may need to petition the court for a guardianship or conservatorship. This legal process takes time and involves court supervision to manage the incapacitated person's affairs.
No, the authority granted to an agent ends immediately upon the death of the principal. After death, the management of the estate falls to the personal representative or executor named in the will.
Generic forms may be valid if they meet all specific state statutory requirements, but using a form specifically designed for North Dakota is safer. The state provides a statutory form within its code that is widely accepted by financial institutions.
Yes, a principal can appoint co-agents to act either jointly or independently. Appointing agents to act independently allows for flexibility if one is unavailable, while requiring joint action provides a system of checks and balances.

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