A North Dakota power of attorney form allows an individual to select someone else to act on their behalf in the areas of financial, medical, or other personal decisions. The person choosing someone else, the “principal”, is recommended to select someone that is a trusted individual that will be receiving power, the “agent”. At the option of the principal, the form can be “durable” which means it will remain valid even if they should not be able to think for themselves one day (e.g. Dementia, Alzheimer’s Disease, etc.).
Durable (Financial) Power of Attorney – This version grants power over the property and assets of the person granting the power even after they become incapacitated.
Signing Requirements: None, but notarization is recommended.
General (Financial) Power of Attorney – This version also grants general power over the property and assets of the principal, but it self-terminates upon the incapacity of the principal.
Signing Requirements (§ 23-06.5-05): Notary acknowledgment or two (2) witnesses.
Minor (Child) 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.
Signing Requirements: None, but notarization is recommended.
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.
Signing Requirements: None, but notarization is recommended.
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.