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North Dakota Springing Power of Attorney

A North Dakota springing power of attorney is a legal instrument used by an individual (the principal) to authorize another person (an agent) to manage specified aspects of the principal's affairs if the principal becomes disabled or incapacitated.

Updated June 26, 2024

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Permitted in North Dakota?

Yes, a POA can be written so that it 1) remains effective after the principal’s disability or incapacity, 2) becomes effective upon the principal’s disability or incapacity, or 3) becomes effective at a future date or on the occurrence of a future event. [1]

Signing Requirements

North Dakota law does not specify any requirements for signing a power of attorney. However, notarization is recommended to avoid any questions as to the document’s validity.

“Incapacity” Definition

“Incapacitated person” means any adult person who is impaired by reason of mental illness, mental deficiency, physical illness or disability, or chemical dependency to the extent that the person lacks capacity to make or communicate responsible decisions concerning that person’s matters of residence, education, medical treatment, legal affairs, vocation, finance, or other matters, or which incapacity endangers the person’s health or safety.[2]
“disability” means:
  1. The person is unable to manage the person’s property and affairs effectively for reasons such as mental illness, mental deficiency, physical illness or disability, chronic use of drugs, or chronic intoxication;
  2. The person is unable to manage the person’s property and affairs effectively for reasons of confinement, detention by a foreign power, or disappearance; or
  3. The person has property that will be wasted or dissipated unless proper management is provided, or that funds are needed for the support, care, and welfare of the person or those entitled to be supported by the person and that protection is necessary or desirable to obtain or provide funds.[3]