North Dakota Real Estate Power of Attorney Form

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Updated June 02, 2022

A North Dakota real estate power of attorney form is a document that a principal can use to appoint an agent to carry out decisions and tasks related to real estate on their behalf. Once the principal signs this document it will become written permission for the agent to carry out any of the duties expected and to fulfill the principal’s responsibility regarding real property. Whatever actions the agent may take on behalf of the principal will have to be defined within this document. Thus, a comprehensive review by the principal along with his or her participation will be required to complete this paperwork. After this form is completed it may require the notarized and dated signature of the principal issuing these powers. The document may be revoked by the principal at any point with a written notice that is properly served to the agent.


StatutesChapter 30.1-30: Uniform Durable Power of Attorney Act

Signing Requirements (NDCC, 30.1-30-01) – No specific requirements are mentioned within North Dakota’s Century Code. However, it is recommended it be witnessed or notarized.  Principals and their attorneys-in-fact that wish to record instruments affecting real property with a local court or registry must have the document notarized per NDCC, 47-19-03.

How to Write

1 – The Document Used To Assign Principal Real Estate Powers Is Accessible Here

To begin, use one of the buttons under the image to download a workable copy of this form. It can be accessed clicking on any of the buttons underneath the image as an MS Word, ODT, or PDF file

2 – Use The First Statement To Fully Define Each Party

This document will open with a basic statement meant to identify the Principal and Attorney-in-Fact or Agent. In this paperwork, the Principal will grant the Agent with the Authority to act as him or her in the matters defined. To begin, the Principal’s Full Legal Name must be furnished on the first blank space preceding the bracketed phrase “[Full Name].” Continue reporting on the Principal by supplying his or her Residential Street Address in the space after the word “Of”Conclude identify the Principal by supplying the name of the City and State he or she resides in.

Present the Attorney-in-Fact by placing his or her Full Legal Name in the area between the term “…Hereby Appoint” and the second bracketed “[Full Name].” The Attorney-in-Fact’s complete Residential Street Address is required on the line immediately following his or her reported Name and the Name of the State where the Attorney-in-Fact resides on the last blank space

3 – Discuss And Define The Effective Dates Involved For These Powers

In the first subject of this document, “Article I. Assignment Of Authority,” the Principal will need to initial each paragraph describing an Authority that he or she wishes to deliver to the Agent. Once initialed, the Agent will be able to make any of the decisions and take any of the actions defined in the initialed paragraph on behalf of the Principal. If the Principal does not initial one of these topics, that paragraph will describe actions the Principal does not approve. Additionally, the concerned Property the Attorney-in-Fact may act upon with such Powers must be clearly defined.

The first area of Principal Real Estate Powers to be addressed is designated with the bold words “Sale of Real Estate.” If the Principal wishes the Agent to handle the tasks he or she must in his or her Name with his or her Authority concerning the Sale of a property then, record the exact Physical Address of this property on the blank space after the words “…Premises Located At.” Afterward, the Legal Description of this property should be supplied onto the second blank line in this description. Once this task is completed the Principal may check the appropriate box and initial the blank line preceding the paragraph label (“Sale of Real Estate”). These actions will grant the Agent with the ability to conduct all the business defined in this topic.The Principal may also wish to grant the Agent with all the abilities defined in the second discussion so that he or she may use Principal Power to “Purchase Real Estate.” If so, the first blank line in this description will require the Physical Address of the concerned property documented while the third will need its Legal Description reported. The Principal must initial the blank line to the left of the bold words “Purchase Of Real Estate” and check the matching checkbox.The third area of discussion will be the “Management Of Real Estate” paragraph. If the Agent should be able to carry out all of the actions defined here, the Physical Address and Legal Description of the property that can be acted upon by the Agent will need to furnish on the first and second blank lines in its description. The Principal will also need to initial and check the items just before the paragraph label “Management of Real Estate.”The next Authority to be addressed will be the Principal Real Estate Authority of “Refinancing” property. The actions defined in the third discussion will be those the Agent may take when wielding Principal Power if the Principal initials and checks the corresponding blank line and checkbox. Remember to make sure that property’s Physical Address and Legal Description are properly documented in the available spaces.

4 – Only The Principal Can Approve When The Agent May Use These Principal Powers

The third subject of this paperwork, “Article III. Term” shall concern itself with first and last Calendar Dates when the Agent has access to the Principal Powers granted through this document. To this end, three scenarios regarding when these Powers will be accessible and when they will terminate. The Principal must initial only the statement describing his or her preferences. Note: In all cases, the Principal Powers are available upon the Date of Execution.

If the Principal Real Estate Powers should terminate upon a specific Date (unless Revoked by the Principal beforehand), then record the desired Termination Date on the blank spaces after the phrase “…Automatically On The” in Choice a. The Principal must initial the blank line and check the box for this statement to apply.If the Principal wishes these Powers to terminate automatically at his incapacitation, revocation, or death, then he or she must initial and check Choice b.The last statement, Choice c,” shall name these Powers as being usable by the Agent until the Principal issues a revocation or passes away. If this describes the Principal’s preferences then he or she will need to initial the corresponding blank line and mark the appropriate checkbox.

5 – The Execution Of This Paperwork Will Be Made Official By The Principal’s Signature

This document can only be Executed through several signatures. Before this task is attended to, however, we will need to record the exact Date when such signatures are provided. To do this, find the last statement in “Article VI. Revocation.” This statement contains three blank spaces surrounding the phrase “Day Of.” Record the Execution Date using these spaces.On the above Execution Date, the Principal must sign the line adjacent to “Principal’s Signature” then, print his or her Name on the line after “Print Name.”The Agent will also have to sign his or her Name. This task should be performed on the blank line labeled “Agent’s Signature.” Then, the Agent must supply his or her name in print.In addition to the Agent. Two Witnesses who have seen the Principal signing this document on the Execution Date will need to testify to this signing’s legitimacy. In “Affirmation By Witness 1” and “Affirmation By Witness 2” fill in first blank line with the Signature Witness’ Full Name. The Signature Witnesses must then sign and print their named on the blank lines under the statement naming them.Only the Notary Public authenticating the Principal Signing through the notarization process may attend to the “Notary Acknowledgment” section.Finally, the Agent must sign and print his or her Name on the blank lines labeled “Agent’s Signature” and “Print Name” in the “Acceptance By Agent” section.