North Dakota Financial Power of Attorney Form
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Do I Really Need a Financial 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 financial 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 financial power of attorney quickly and securely.
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North Dakota Financial Power of Attorney Options
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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.
Answer Some Questions
Decide who your agent will be and what authority you want them to have. Then, simply answer a few questions.
Create an Account
Creating an account is easy, quick, and secure. Save your information as you go and return when you have time.
Complete Your Document
Once you answer the relevant questions, we do the hard part and create your unique document.
Print, Sign & Make It Legal
Print and sign your document following the instructions. This may include signing 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
Ready to get started on your financial power of attorney? It’s free to start.
Create My FormNorth Dakota Financial Power of Attorney FAQ
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.
Attorneys rarely list their fees online, so you will need to contact a few attorneys licensed in North Dakota to see what the going rate for a power of attorney is in your area. Attorneys will charge a flat fee per document or an hourly rate, so make sure you understand how much it will cost before hiring an attorney.
An easy-to-use power of attorney form is a low-cost alternative to hiring a lawyer. We offer power of attorney forms that are easy to fill out for only $35.
FindLaw is not a law firm, and the forms are not a substitute for the advice or services of an attorney. If you have a complex case, or would like a lawyer’s review of your estate planning documents, please visit our directory to find a lawyer near you.
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.
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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