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Choose someone to act in financial matters on your behalf by executing a power of attorney (POA). FindLaw’s guided process means you can complete your own POA quickly and easily.

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Do I really need a power of attorney in North Dakota?

Do you want to choose the person who will make decisions about your financial affairs when you are incapacitated or otherwise unable to make those decisions yourself? If so, you need a power of attorney.

A power of attorney (POA) is a legal document that can make life easier for your loved ones. If you do not have a power of attorney when you become incapacitated, a North Dakota court likely will intervene and appoint a guardian or conservator for you. A court may choose someone who you would not want to make decisions for you, and the court process can be expensive and time-consuming.

FindLaw provides an easy-to-use service where you can create your own power of attorney quickly and securely.

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Last updated: February 01, 2022

Written by:

Jocelyn Mackie, J.D.

Contributing Author

Reviewed by:

Bridget Molitor, J.D.

Managing Editor

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What’s included:

Last will and testament

Health care directive

Power of attorney

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How it works

The process takes less than an hour, and you can complete it from the comfort of your home

Create an account

Create a secure account which is accessible through an easy dashboard you can access any time

Gather information

Indicate who your agent will be and what authority you want them to have

Complete your document

Answer all questions, then we’ll generate your digital documents for downloading, printing, and signing

Make it legal

Carefully follow the instructions provided in the form, which may include signing your documents in front of witnesses or a notary

How to get a North Dakota power of attorney

Understand how a POA works in North Dakota

A power of attorney is an estate planning document that lets you give someone else the authority to make legally binding decisions on your behalf. As the person who makes a power of attorney, you will be the principal, and the person you give authority to is called the agent or attorney-in-fact.

In North Dakota, powers of attorney only concern financial decisions, personal affairs, and property. If you want someone to make health care decisions for you, you will need to create a health care directive, also known as an advance directive.

Choose an agent you trust

Your agent will have a fiduciary duty to act in your best interest, but they can abuse their power. Your agent will have access to your bank accounts and property, so you need to trust that they will not take advantage of you. Your agent also should be wise with money and comfortable dealing with financial institutions and legal professionals.

You should select one or more successor agents should your agent become unavailable or unable to serve. Finally, tell your agent and successor agents you have selected them and make sure they are willing to serve.

Delegate authority to your agent

If you are planning for incapacity, you should give your agent broad powers to act on your behalf. Broader authority means more flexibility for your agent, and more flexibility will allow your agent to handle unforeseen situations when you are incapacitated.

If you want someone to have specific powers for a specific act or type of transaction, you can create a limited power of attorney and name them as your agent under that power of attorney.

Sign your power of attorney document

You should sign and date your power of attorney and have it notarized by a notary public. A notary public is not required under North Dakota law, but notarization will give your power of attorney more authenticity and make it less likely for people and businesses to reject your agent’s authority.

Give your power of attorney to your agent

Give your agent the signed power of attorney so they can prove to others that they have the legal authority to act on your behalf. You also should store a copy in a safe place for your own records. If you want, you can give a copy to businesses and people your agent will deal with.

You may want to speak with a lawyer if:

You don’t know who to choose as your agent
You want to use a POA for Medicaid planning
You want to discuss which powers you should give your agent
You want legal review of your completed power of attorney

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Frequently asked questions about powers of attorney in North Dakota

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What are the types of power of attorney in North Dakota?

In North Dakota, there are several types of powers of attorney you should know about:

General power of attorney: Your agent will have broad powers to act for you.
Limited power of attorney: Your agent’s authority is limited to a specific act or type of transaction.
Durable power of attorney: Does not terminate when you are incapacitated.
Nondurable power of attorney: Terminates when you are incapacitated.
Springing power of attorney: Only becomes effective on a future date or event, such as incapacity.
Power of attorney for the care and custody of a minor child: An agent can make all decisions about the care, custody, or property of your minor child, except the power to consent to adoption or marriage, for a period up to six months.

Is there such a thing as a free power of attorney form?

You can find free power of attorney forms online, but you should be careful about using them. Free forms might not be tailored to North Dakota law and may be out of date. If you consider using a free form, you should ask an attorney licensed in North Dakota to review it before signing it.

Do I need a lawyer for a power of attorney?

You do not need a lawyer to make a power of attorney in North Dakota. If you use a form from a reputable source such as FindLaw, you can make one on your own. However, you should ask an estate planning lawyer for legal advice if you have questions about your agent and how much power to delegate. A lawyer can review your completed form or make a power of attorney for you.

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