Updated on October 25th, 2021
A North Dakota statutory durable power of attorney is a legal instrument through which an individual (the principal) appoints an agent to make financial decisions on their behalf. All acts performed by the agent will have the same effect as if executed by the principal, provided that the act is allowed by law and stated in the power of attorney form. The agent’s authority will remain in effect if the principal becomes disabled or mentally incapacitated. However, it should be noted that the agent does not have decisional power over the principal’s health care.
Agent’s Duties – Not mentioned in state statutes.
Laws – Title 30.1, Chapter 30 (Uniform Durable Power of Attorney Act)
Signing Requirements – Not mentioned in state statutes. However, the North Dakota Legal Self Help Center Instruction Manual states that a power of attorney must be notarized.
Statute – § 30.1-30-01
A durable power of attorney is a power of attorney by which a principal designates another as the principal’s attorney in fact in writing…showing the intent of the principal that the authority conferred is the exercisable notwithstanding the principal’s subsequent disability or incapacity…