Homepage Attorney-Verified Durable Power of Attorney Form for the State of North Dakota
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The North Dakota Durable Power of Attorney form serves as a vital tool for individuals looking to designate someone they trust to make decisions on their behalf. This legal document allows a person, known as the principal, to appoint an agent who can manage financial and legal matters if the principal becomes incapacitated. It’s important to understand that the powers granted can be broad or limited, depending on the principal’s wishes. The form typically includes sections for naming the agent, outlining the specific powers granted, and detailing any limitations or conditions that apply. Additionally, it provides guidance on how the document can be revoked or amended, ensuring that the principal retains control over their decisions even after the form is executed. Understanding the nuances of this form is crucial, as it not only protects the principal's interests but also clarifies the agent's responsibilities, helping to prevent potential disputes or misunderstandings down the line.

Sample - North Dakota Durable Power of Attorney Form

North Dakota Durable Power of Attorney

This Durable Power of Attorney ("Document") is created pursuant to the statutes of the State of North Dakota, specifically the North Dakota Century Code, Chapter 30.1-30, which govern durable powers of attorney for financial and health care decisions. By signing this Document, the Principal grants authority to the Agent herein named to act on the Principal's behalf.

1. Principal Information

Full Name: ___________________________________

Address: _____________________________________

City: ___________ State: ND Zip: _____________

Phone Number: _______________________________

2. Agent Information

Full Name: ___________________________________

Address: _____________________________________

City: ___________ State: ND Zip: ______________

Phone Number: _______________________________

3. Alternate Agent Information (Optional)

Full Name: ___________________________________

Address: _____________________________________

City: ___________ State: ND Zip: ______________

Phone Number: _______________________________

4. Powers Granted

The Principal grants the following powers to the Agent, which shall remain effective even in the event of the Principal's disability or incapacity. The Agent is authorized to perform any act, decision, or transaction that the Principal could perform, including but not limited to:

  • Real estate transactions
  • Banking and financial transactions
  • Personal and family maintenance
  • Government benefits
  • Retirement plan transactions
  • Tax matters
  • Healthcare and medical decisions

5. Special Instructions

______________________________________________

______________________________________________

______________________________________________

6. Duration

This Durable Power of Attorney becomes effective immediately upon execution and remains effective indefinitely unless a specific expiration date is set forth below:

Expiration Date (Optional): _____________________

7. Signature of Principal

I, _____________________ (Principal), hereby declare that I understand and agree to the terms outlined in this Durable Power of Attorney. I execute this Document voluntarily and with full knowledge of its significance.

Date: ___________ Signature: ___________________

8. Acknowledgment by Agent

I, _____________________ (Agent), hereby accept the designation as Agent under this Durable Power of Attorney. I understand the responsibilities and authorities granted to me, and I agree to act in the Principal's best interests according to the powers specified herein and within the bounds of the law.

Date: ___________ Signature: ___________________

9. Witness Acknowledgment (Optional in some jurisdictions)

The undersigned witness hereby affirms that the Principal signed this Durable Power of Attorney willingly and under no duress or undue influence. The Principal appears to be of sound mind and capable of making informed decisions.

Name: _____________________ Relationship: _____

Date: ___________ Signature: ___________________

Note: Notarization of this Document may be required for certain transactions. It is recommended to consult legal advice to ensure compliance with local laws and requirements.

PDF Overview

Fact Name Description
Definition A Durable Power of Attorney allows a person to designate someone else to make decisions on their behalf, even if they become incapacitated.
Governing Law The North Dakota Durable Power of Attorney is governed by North Dakota Century Code Chapter 30.1-29.
Durability This form remains effective even if the principal becomes mentally incapacitated.
Principal The person who creates the Durable Power of Attorney is known as the principal.
Agent The individual designated to act on behalf of the principal is called the agent or attorney-in-fact.
Scope of Authority The principal can specify the powers granted to the agent, which may include financial and healthcare decisions.
Signing Requirements The form must be signed by the principal and acknowledged by a notary public or signed by two witnesses.
Revocation The principal can revoke the Durable Power of Attorney at any time, as long as they are mentally competent.
Use in Healthcare This form can also be used to grant authority for healthcare decisions, but a separate healthcare power of attorney is often recommended.
Filing There is no requirement to file the Durable Power of Attorney with any government agency, but it should be kept in a safe place.
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