Free North Dakota Durable Power of Attorney Forms

North Dakota Durable Power of Attorney Laws

• North Dakota Century Code - this is the law that sets the provisions for the creation of a durable POA in North Dakota. It states that the document must contain the statement or anything similar: "This power of attorney is not affected by subsequent disability or incapacity of the principal or by lapse of time” (NDCC § 30.1-30-01).
• Lapse of Time - the law also provides for the document's expiration, which is until infinity unless stated otherwise. It states, “Unless the instrument states a time of termination, the power is exercisable notwithstanding the lapse of time since the execution of the instrument” (NDCC § 30.1-30-02).

Signing Requirements in North Dakota

For the durable POA to be legally recognized in North Dakota, it has to be signed in the presence of a notary public or at least two witnesses. You can also have both acknowledgments if you want.

The document then becomes legal permission for the agent to make decisions on behalf of the principal. Such a document will continue to have power even when the principal becomes mentally incompetent.

How to Write a Durable POA in North Dakota

Writing a durable POA has become easy with the presence of printable forms online. Check out the following steps in creating this document to prevent issues in a person’s business, financial, and other legal matters.

1. Select an agent

Choosing the right agent is the most difficult part of creating a durable POA in North Dakota. You want to find the right person for the job— one who knows the importance of every decision that affects business and finances. At the same time, you want to choose someone you can trust.

An agent in a durable POA can manage assets, decide on the sale and purchase of properties, file tax returns, manage businesses and real estate, and more. The exception is on healthcare since a separate POA will be needed for that.

The agent will decide on these things under the name of the principal. As it involves a great deal of trust, many principals choose a close family member to become their agent. It could be the spouse, child, sibling, or parent.

However, there are times when someone savvy about the law and the business would be the better choice. Some principals choose their business partner or lawyer to become the agent.

2. Talk about the responsibilities and compensation

The agent deserves compensation for the tasks on hand. However, since many agents have a close familial relationship with the principal, compensation is not always discussed. It is a vital discussion to be had as the tasks of an agent are not simple, especially when the principal owns many properties and has many businesses to manage.

The agent may also ask for a refund for transportation and other expenses made while carrying out their duties as agents.

3. Create the North Dakota Durable Power of Attorney

Our printable forms follow the formalities of the acceptable durable POA in North Dakota. Print the template and fill it out with your essential information and details.

4. Sign the document

Sign the North Dakota POA to make it official. Have the document acknowledged by a notary public or two witnesses. Make sure to indicate the date when the document was signed.

5. Give the agent a copy of the document

Store a copy of the durable POA in North Dakota and give copies to significant individuals, especially the agent. They will present the POA every time they make decisions on your behalf.

6. Use the form

The document is now legal and ready to use. Inform the agent that they must bring the North Dakota durable POA every time they sign papers or make decisions. The authority won’t be recognized otherwise.