Free North Dakota Power of Attorney (POA) Form

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Last Update March 24th, 2024

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Table of Contents:

Types of Power of Attorney in North Dakota
How to Get a Power of Attorney in North Dakota
North Dakota Power of Attorney Requirements
North Dakota Power of Attorney Sample
FAQs About North Dakota Power of Attorney Forms

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:

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.
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.
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:

Both the Principal and the Agent must sign
Your signature must be acknowledged by a notary public
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
A notary public must also be present at the signing to notarize the document

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.

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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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Preview of your North Dakota Power of Attorney

NORTH DAKOTA FORM POWER OF ATTORNEY

READ BEFORE COMPLETING THE POWER OF ATTORNEY FORM

A Durable Power of Attorney is a document authorizing a person to act as the Attorney in Fact of the Principal. A Durable Power of Attorney does not end if the Principal becomes unable to make their own decisions. A Durable Power of Attorney remains in effect even if the Principal becomes disabled or incapacitated.

A Durable Power of Attorney is for financial or other decisions. Health care decisions are not authorized in a Durable Power of Attorney. There is a different document for health care decisions called a Health Care Directive. The Durable Power of Attorney may 1) take effect upon the signature of the Principal and remain effective if the Principal becomes disabled or incapacitated; or 2) take effect only when the Principal becomes disabled or incapacitated.

A Durable Power of Attorney does not require a court order. The Principal may revoke the Durable Power of Attorney at any time, as long as they are legally competent. The revocation must be in writing.

A Durable Power of Attorney is not a guardianship and is not a conservatorship. Guardianships and conservatorships are court processes where a court appoints a guardian, conservator, or both for an adult, if legal requirements are met.

If you have questions about the power of attorney or the authority you are granting to your agent, you should seek legal advice before signing this form.

DESIGNATION OF AGENT

I, _________, with permanent residence address at _________, telephone number _________, and email address _________, name the following person as my agent:

Name of Agent: _________
Agent's Address: _________
Agent's Telephone Number: _________
Agent's Email Address: _________

DURABLE POWER OF ATTORNEY

GRANT OF GENERAL AUTHORITY

I grant my agent and any successor agent general authority to act for me with respect to the following subjects as defined in the Uniform Power of Attorney Act:

- Real estate
- Personal property
- Stocks and bonds
- Commodities and options
- Banks and other financial institutions
- Operation of entity or business
- Safe deposit box
- Insurance and annuities
- Estates, Trusts, and Other Beneficial Interests
- Claims and Litigation
- Lending and Borrowing
- Personal and Family Maintenance
- Benefits from governmental programs or civil or military service
- Retirement plans
- Taxes
- Gifts

AGENT'S AUTHORITY AND LIMITATIONS

Any party dealing with the Agent hereunder may rely on the authority herein granted. No person who acts in reliance of the representations of the Agent shall be liable to the Principal or their estate as a result of such an act.

An agent that is not my ancestor, spouse, or descendant MAY NOT use my property to benefit the agent or a person to whom the agent owes an obligation of support unless I have included that authority in the Special Instructions.

SPECIAL INSTRUCTIONS

My Agent is entitled to reasonable compensation for services rendered as my Agent.

My Agent will be entitled to reimbursement for reasonable expenses incurred in acting under this Power of Attorney.

EFFECTIVE DATE

This power of attorney shall be effective immediately and will continue to be effective until my death, even if I became incapacitated, except as may be provided otherwise by an applicable state statute.

This Power of Attorney may be revoked or terminated by me at any time by providing written notice to my Agent.

RELIANCE ON THIS POWER OF ATTORNEY

Any person, including my agent, may rely upon the validity of this power of attorney or a copy of it unless that person knows it has terminated or is invalid.

SIGNATURES

Dated ____________________, _____, at _________, North Dakota.


___________________________________	_______________
_________	Date

Address: _________
Telephone Number: _________
Email Address: _________

___________________________________	_______________
_________	Date

NOTARY ACKNOWLEDGMENT

State of North Dakota
_________ County

This document was acknowledged before me on	_______________.
	(date)

by ___________________________________
_________

___________________________________
(Seal, if any)

Signature of Notary: __________________________________

My commission expires: _______________________________

IMPORTANT INFORMATION FOR AGENT

Agent's Duties

When you accept the authority granted under this power of attorney, a special legal relationship is created between you and the principal. This relationship imposes upon you legal duties that continue until you resign or the power of attorney is terminated or revoked. You must:

(1) Do what you know the principal reasonably expects you to do with the principal's property or, if you do not know the principal's expectations, act in the principal's best interest;

(2) Act in good faith;

(3) Do nothing beyond the authority granted in this power of attorney; and

(4) Disclose your identity as an agent whenever you act for the principal by writing or printing the name of the principal and signing your own name as "agent" in the following manner:

________________________________________________________________________
(Principal's Name) by (Your Signature) as Agent

Unless the Special Instructions in this power of attorney state otherwise, you must also:

(1) Act loyally for the principal's benefit;

(2) Avoid conflicts that would impair your ability to act in the principal's best interest;

(3) Act with care, competence, and diligence;

(4) Keep a record of all receipts, disbursements, and transactions made on behalf of the principal;

(5) Cooperate with any person that has authority to make health-care decisions for the principal to do what you know the principal reasonably expects or, if you do not know the principal's expectations, to act in the principal's best interest; and

(6) Attempt to preserve the principal's estate plan if you know the plan and preserving the plan is consistent with the principal's best interest.

Termination of Agent's Authority

You must stop acting on behalf of the principal if you learn of any event that terminates this power of attorney or your authority under this power of attorney. Events that terminate a power of attorney or your authority to act under a power of attorney include:

(1) Death of the principal;

(2) The principal's revocation of the power of attorney or your authority;

(3) The occurrence of a termination event stated in the power of attorney;

(4) The purpose of the power of attorney is fully accomplished; or

(5) If you are married to the principal, a legal action is filed with a court to end your marriage, or for your legal separation, unless the Special Instructions in this power of attorney state that such an action will not terminate your authority.

Liability of Agent

The meaning of the authority granted to you is defined in the Uniform Power of Attorney Act. If you violate the Uniform Power of Attorney Act or act outside the authority granted, you may be liable for any damages caused by your violation.

If there is anything about this document or your duties that you do not understand, you should seek legal advice.