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North Dakota Durable (Financial) Power of Attorney Form

A North Dakota durable power of attorney form allows a person to choose someone else to handle and conduct financial affairs on their behalf. The term "durable" refers to the form remaining valid even if the person giving power becomes incapacitated.
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Signing Requirements

There is no state law about signing requirements. However, the State of North Dakota Courts Version requires a notary acknowledgment.

Definition of “Durable”

All acts done by an attorney in fact pursuant to a durable power of attorney during any period of disability or incapacity of the principal have the same effect and inure to the benefit of and bind the principal and the principal’s successors in interest as if the principal were competent and not disabled (§30.1-30-02)

Definition of “Power of Attorney”

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 and the writing contains 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 showing the intent of the principal that the authority conferred is exercisable notwithstanding the principal’s subsequent disability or incapacity, and, unless it states a time of termination, notwithstanding the lapse of time since the execution of the instrument (§30.1-30-01)

Statutory Form

The North Dakota Legislature has not provided a statutory durable power of attorney form.