North Dakota Power of Attorney Form

What Is a Power of Attorney?

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. A health care directive allows you to appoint a health care agent and give instructions for your health care.

How To Get a North Dakota Power of Attorney Form

If you want a power of attorney in North Dakota, you can ask an attorney to create one for you or you can use a power of attorney form from a reputable source like the forms we offer.

If you use a form, follow these steps to ensure you have a valid power of attorney:

1. 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.

2. 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.

3. 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.

4. 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.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.