A North Dakota power of attorney can take on many forms depending upon the situation for which it is to be used. Although the forms are used in different situations, they all provide a legal method for one person to appoint another to act on their behalf. It is also very important in each case that the representative being appointed is reliable, trustworthy and available. This representative, or agent, will have the power to make binding decisions on behalf of the person granting the power, or principal.

Laws – Title 30.1 (Uniform Probate Code)

Types

Durable Power of Attorney – This version grants power over property and assets of the person granting the power. Because it is “durable” it is meant to continue to be in effect despite mental or physical impairment that prevents the principal from being able to act for him or herself.

General Power of Attorney – This version also grants general power over property and assets of the principal, however, instead of continuing to be in effect like the “durable” form, it self-terminates upon the incapacity of the principal.

Health Care Power of Attorney Directive – Used exclusively for health care decision making and only when the principal can’t make his or her own decisions.

Limited Power of Attorney – This version is for use when there is a specific event or time period for which you are seeking short-term representation.

Minor Power of Attorney – This form is limited to decision making involving the principal’s minor children. It is generally used when parents are temporarily unavailable and have to leave their children in the care of a loved one.

Real Estate Power of Attorney – Used to elect someone to handle all aspects of real property to the benefit of the owner in relation to its sale, purchase of another property, or management.

Revocation of Power of Attorney – This is used when an individual wants to cancel or terminate an existing POA.

Tax Power of Attorney (Form 500) – This form is used when a person wishes to have a representative handle any tax issues with the Office of the Tax Commissioner.

Vehicle Power of Attorney (Form MVD-11020) – This form is used when a person wishes to have an agent or designee handle motor vehicle affairs

How to Write

1 – The Paperwork Available On This Page Should Be Downloaded

The document with the structure and language to designate an Attorney-in-Fact with Principal Authority can be downloaded as a PDF, MS Word, or ODT file. Each version is accessible through the buttons furnished under the preview image on this page.

2 – Attend To The Introduction

The introduction to this document will supply some necessary language structured to assign the role of Principal and Attorney-in-Fact to the individuals involved with this document. The Principal is the individual who will appoint one or more of the Powers below to another individual. This party must be identified by recording his or her Legal Name on the first blank line, his or her County or City of Residence on the second blank space, and his or her State of Residence on the third blank line.The phrase “…Hereby Designate” shall be followed by three more blank lines. Use these spaces to enter the Attorney-in-Fact’s Legal Name, County or City of Residence, and State of Residence (in that order). The Attorney-in-Fact is the individual who will accept the Principal Authority to act on the Principal’s behalf in the matters this paperwork will address.

3 – Satisfy The Effective Date Requirement

The Effective Date when the Principal Powers are accessible to the Attorney-in-Fact can either be the Principal Signature Date of this document or if/when the Principal is incapacitated. The initial should initial the first blank line if the Attorney-in-Fact’s Principal Powers go into Effect immediately upon signing or initial the second blank line for the Powers here to only be accessible if/when the Principal is incapacitated. In both cases, the Principal Powers will not cease if or when the Principal is incapacitated.

4 – Formally Delegate A Principal Power To The Attorney-in-Fact

The exact nature of the Principal Powers the Attorney-in-Fact can wield on behalf of the Principal will need to be clearly detailed and officially appointed to the Attorney-in-Fact. This formal appointment will take place through the Principal Act of initialing it. A blank line has been provided next to each labeled paragraph description of decisions and actions that can be appointed to the Attorney-in-Fact with the Principal’s initials.

The first paragraph will carry the label “Banking.” If the Principal initials the blank line preceding this label he or she will appoint the Attorney-in-Fact with the Authority to engage in all the banking activities described on behalf of and in the name of the Principal. If the Principal does not initial this blank line, the Attorney-in-Fact will be unable to use Principal Authority in these matters.The paragraph designated as “Safe Deposit Box,” supplies the wording necessary to allow the Attorney-in-Fact to access the Principal’s Safe Deposits, control the Principal’s Safe Deposits, and empty the Principal’s Safe Deposits on behalf of the Principal. To deliver these Powers to the Attorney-in-Fact, the Principal must initial the second blank line here.The Principal Approval the Attorney-in-Fact requires to wield Principal Power to engage in “Lending and Borrowing” on behalf of the Principal can be delivered if the Principal initials the blank line presented in the third paragraph.If the Attorney-in-Fact is expected to apply for and receive “Government Benefits” in the Principal’s Name, the fourth blank line will need to be initialed by the Principal.The Principal should initial the blank line preceding “Retirement Plan” to authorize the Attorney-in-Fact’s use of Principal Power to commit such actions as selecting payment options, deciding upon roll-overs, or contributing to the Principal’s Retirement Plans.The “Taxes” of the Principal can be decided upon or acted upon by the Attorney-in-Fact with Principal Authority once the Principal initials the corresponding blank lines.If the Attorney-in-Fact should be delivered Principal Powers to engage and control “Insurance” policies in the Principal’s Name, the seventh blank line will need the Principal’s initials.    If the Principal wishes to delegate the Authority required for the Attorney-in-Fact to make decisions and act in his or her name with real property, he or she must initial the “Real Estate” paragraph.

The Principal may approve the Attorney-in-Fact’s use of Principal Authority to perform such actions as purchasing, exchanging, and selling the Principal’s property in the Principal’s Name by initialing the blank line preceding the paragraph labeled “Personal Property.”The Principal “Power To Manage Property” with the same Authority the Principal possesses can be delegated to the Attorney-in-Fact through the Principal act of initialing the “Power To Manage Property” lineIf the Principal initials the eleventh blank line (“Gifts”), the Attorney-in-Fact will gain the Principal Power to make Gifts, Grants or Transfers on behalf of the PrincipalThe Attorney-in-Fact can be approved through the Principal’s initials to engage in decisions and actions regarding “Legal Advice And Proceedings” concerning the Principal’s Affairs on behalf of the Principal, once the Principal initials the final blank lineDirectly below the list of Principal Powers that can be delivered will be an area designated as “Special Instructions” If the Principal has any provision that must apply to the Authority being delegated, they must be declared here to apply. Any concern or preference (that is lawful) can be applied including extensions of Powers and restrictions on Powers can be (and must be) addressed here. If there is not enough room, an attachment should be provided to accurately reflect the Principal’s directives.

5 – Execute This Appointment Of Principal Power Through The Principal Signature

This paperwork can only be Executed when the Principal signs it. Before doing so, the Signature Date of the Principal will need to be documented. He or she should enter the Signature Date’s Calendar Day (1-31) on the blank line preceding “Day Of,” the Month Name on the blank line after “Day Of,” and the Two-Digit Year on the blank line after “20” in the statement beginning with the phrase “In Witness Whereof…”The “Principal’s Signature” line must be signed by the Principal on the Date reported above, by the Principal, in the presence of two Witnesses and a Notary Public.Each Witness must sign his or her Name on the “Witness’s Signature” line and record his or her Address on the “Address” line, located below the Witness Statement after the Principal’s Signature.If the Principal Signing has occurred to the satisfaction of the Notary Public, this entity will notarize this document by supplying the necessary items in the last area.The Attorney-in-Fact’s Name should be documented on the first blank line under the heading “Specimen Signature And Acceptance Of Appointment.” He or she should then read this statement, and if in agreement, must sign his or her name on the line labeled “Attorney-in-Fact’s Signature.”The area below the Attorney-in-Fact’s Signature has been supplied so the presiding Notary Public may notarize the Attorney-in-Fact’s signing.