Signing Requirements
There is no state law about signing requirements. However, the State of North Dakota Courts Version requires a notary acknowledgment.[1]
Powers Granted
North Dakota law does not specify which powers may be assigned to an agent via a power of attorney. Generally, a principal may grant an agent the power to do any legal act that the principal is permitted to do through an agent. This includes management of things like:
- Real property;
- Tangible personal property;
- Stocks and bonds;
- Commodities and options;
- Banks and other financial institutions;
- Operation of entity or business;
- Insurance and annuities;
- Estates, trusts, and other beneficial interests;
- Claims and litigation;
- Personal and family maintenance;
- Benefits from governmental programs or civil or military service;
- Retirement plans;
- Taxes; and
- Gifts.
Additionally, if the power of attorney grants the agent broad power to perform any act that the principal might do, the agent has the authority to make gifts without much limitation and as they see fit.[2]
“Durable” Definition
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.[3]
“Power of Attorney” Definition
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.[4]
Revocation
A power of attorney may be amended or revoked while the principal is alive and not incapacitated provided that the principal notifies the agent.[5]