The North Dakota durable power of attorney (DPOA) is a legal document that one party, called the principal, uses to authorize another party, called the agent or attorney-in-fact, to represent them before governmental, financial, legal, and other institutions and third parties.
A durable power of attorney remains valid and effective even if the principal becomes incapacitated.
The principal can use the durable power of attorney in every situation where they are unable to personally represent themselves. This can happen due to dementia or Alzheimer’s disease, but also if they are located far from the place where a certain action must be taken.
Durable Power of Attorney Laws & Requirements in North Dakota
Laws & Requirements
Relevant laws: Chapter 30.1-30 - Uniform Durable Power of Attorney Act
Signing requirements: The state of North Dakota doesn’t provide any requirements in this regard.
Statutory form: The state legislation doesn’t provide the statutory form for the power of attorney.
“Durable” as defined by the state law: According to §30.1-30-01, this document should include the words "This power of attorney is not affected by subsequent disability or incapacity of the principal or by lapse of time," or "This power of attorney becomes effective upon the disability or incapacity of the principal," or similar words.
How to Fill out a Durable Power of Attorney in North Dakota
#1. Designate an Agent
Firstly, you should determine the person who will act on your behalf and represent your interests. Your agent should be an adult with the legal capacity to act.
Moreover, it should be a trustworthy person, especially if they will have the authority to make decisions about your healthcare and finances. Lastly, the person should be located near the place where a certain activity needs to be done and be willing to act as your agent.
Here, you can also name the successor agent. The successor agent will act on your behalf if the primary agent becomes incapacitated or, in some other way, becomes unable to represent you.
#2. Grant Authority
Once you have determined the agent, you should define their scope of authority.
The North Dakota durable power of attorney form provides three main options for determining your agent’s scope of authority:
Scope of Authority
General authority. By checking this option, you will authorize your agent to take all the necessary actions and interact with all third parties on your behalf. You can also limit the general authority by providing a list of activities that are not included in the agent's scope of authority.
Partial authority. Here, you can select the activities you want to include in your agent’s scope of authority from the list of activities provided in the durable power of attorney form. You can select the activity you want to include by signing your initials next to it.
Special authority. This option is the most flexible since you can describe your agent’s scope of authority in your own words. In that way, you can include the activities that are not provided in the durable power of attorney form.
#3. Ensure the Form is Durable
In North Dakota, the power of attorney is not durable by default, meaning that you must include specific language when drafting the document to indicate its durability.
#4. Sign the Form
Although the state legislation doesn’t provide any requirements, both the principal and the agent should provide their signatures on the durable power of attorney.
#5. Notarize the Form
The North Dakota Statute doesn’t provide any requirement for the notarization of the durable power of attorney. However, by notarizing the document, the notary public will confirm its authenticity and prevent future disputes.
#6. Store Your Durable Power of Attorney Form
After finalizing the document, you should keep the original copy in your possession. You should store it in a safe place, like your home or a safe deposit box.
You can give one copy to the agent so they can prove their capacity to the third parties they are interacting with on your behalf.
How to Revoke a Durable Power of Attorney in North Dakota
The most efficient way to revoke the North Dakota durable power of attorney is to issue a revocation letter. This letter should include information about the agent and the date of issuance of the power of attorney you want to revoke.
To make the revocation effective, you should give one copy to the agent as well as to every third party your agent is interacting with on your behalf.