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Free North Dakota Power of Attorney (POA) Form

Design and create a comprehensive North Dakota Power of Attorney (POA) tailored to your needs and state’s requirements with the help of step-by-step guidance and expert customizable forms.

Last Update May 25th, 2022

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Types of Power of Attorney in North Dakota

Before starting a  North Dakota  Power of Attorney, it is critical to know what type of POA to create. There are many different varieties of these legal instruments, and each grants different kinds of powers from a Principal to an Agent or Attorney-in-Fact

The most common kinds of POA available in North Dakota include the following examples: 

  • Durable Power of Attorney:  Allows your Agent to handle estate management when you reach advanced age or if you become incapacitated through injury or disability.

  • General Power of Attorney: Gives your Agent a wide mix of responsibilities over your general financial affairs. This authority expires, however, if you become incapacitated.

  • Limited Power of Attorney: Lets an Agent have authority over a few specific, often one-off, tasks for a short period of time.

  • Medical Power of Attorney: Permits your representative to make urgent medical decisions for you if you are unconscious or incapacitated.

  • Real Estate Power of Attorney: Grants an Agent authority to buy and sell property in your name, or handle other real estate management tasks.

  • Vehicle (DMV) Power of Attorney: Gives your Agent permission to represent you at a local Department of Transport (DOT) office in North Dakota or handle the buying and selling of vehicles you own.

  • Minor (Child) Power of Attorney: Allows you to delegate your parental rights over a child to a chosen Agent. This might be necessary if you serve in the military overseas or work abroad for long periods at a time.

  • Tax Power of Attorney: Gives your Agent the authority to represent you at the North Dakota Office of the Tax Commissioner, allowing them to complete, sign and submit government financial forms on your behalf. 

How to Get a Power of Attorney in North Dakota

There are a few ways to get a Power of Attorney in North Dakota. This gives you 3 specific options to choose from:

  1. Get it online: You can get a complete North Dakota Power of Attorney document using our online legal form maker. This will walk you step-by-step through the information you’ll need to add and help you make a legally compliant document.

  2. Go to a lawyer: You can hire a lawyer to draw up a Power of Attorney form for you in North Dakota. However, this is often a more costly process and will often take longer to complete.

  3. Get it from a government office: Pre-printed forms for Tax or Vehicle POAs can be obtained from North Dakota government offices such as the DOT or Office of the Tax Commissioner. 

North Dakota Power of Attorney Requirements

To comply with ND law you’ll need to complete your Power of Attorney form and ensure that it is correctly signed. There are a number of rules that control how this should be done.

Firstly, the people signing the POA must all be legally able to sign a contract. This means they should be able to demonstrate that:

  • They are over 18 years old

  • They are sound of mind

  • They understand the agreement being signed

If the Agent is a financial institution, they must have trust powers and a registered place of business within North Dakota. 

The document itself must also be signed in a way that’s legally compliant with North Dakota state statutes. Under North Dakota legislation, this must be done in the following way:

  1. Both the Principal and the Agent must sign

  2. A notary public must oversee the signing and sign too

  3. If you’re signing a Medical Power of Attorney you can sign before 2 witnesses instead of a notary

  4. A notary public must also be present at the signing to notarize the document

Be aware that once the POA document is completed and signed, there are still some steps you’ll need to take if you plan to manage real estate in North Dakota. You’ll need to register the document with the local county recorder where the property is located within 30 days of signing.

North Dakota Power of Attorney Sample

Before starting your own North Dakota Power of Attorney, it can help to look over an example document to understand how your final draft will look and what it will say. Simply view our POA sample now to get a feel for how these documents are written and appear once completed.

FAQs About North Dakota Power of Attorney Forms

It is important to have a good understanding of what North Dakota Power of Attorney forms can do before filling in your own. Read through our FAQs below to get a better idea of the key information needed as well as any other special considerations.

Where Can I Get a Power of Attorney in North Dakota?

It is possible to create your own North Dakota Power of Attorney easily online with our easy contract maker. Alternatively, you can find templates for certain types of POA at your local DOT or Office of the Tax Comissioner site or can pay to have a legal expert draft and complete your document.

What Are Some Uses of a Power of Attorney?

ANorth Dakota Power of Attorney is an important legal document that allows you to appoint a trusted individual to act on behalf of you to carry out important activities. Once signed, these legal forms can be used for a number of different purposes depending on their type and listed powers

These responsibilities include:

  • Managing your financial affairs

  • Making medical decisions for you if you are incapacitated

  • Handling activities for you such as buying or selling property

Does a Power of Attorney in North Dakota Need to Be Notarized?

Yes, North Dakota Powers of Attorney require a notary public to oversee the signing of the document by the Principal and Agent. Alternatively, 2 witnesses can be present when a Medical Power of Attorney is signed in order to legally validate the agreement instead of a notary. 

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