Fillable Durable Power of Attorney Document for North Dakota State

Fillable Durable Power of Attorney Document for North Dakota State

A Durable Power of Attorney form in North Dakota is a legal document that enables an individual to appoint another person to make decisions on their behalf, particularly in matters of finance and healthcare, should they become unable to do so themselves. This document remains in effect even if the person who creates it, known as the principal, becomes incapacitated. For those residing in North Dakota, filling out this form is an essential step in ensuring that their affairs are managed according to their wishes during unexpected situations. Click the button below to begin the process of filling out your Durable Power of Attorney form.

Get Form Here

Planning for the future is a critical step everyone should consider, especially when addressing how personal affairs should be managed in the event of an inability to do so oneself. In North Dakota, a valuable tool for this planning is the Durable Power of Attorney form, which allows individuals to appoint someone they trust to make decisions on their behalf, should they become incapacitated. This form is not just a document; it’s peace of mind, ensuring that personal and financial matters will be handled according to one’s wishes, even when they are not in a position to express those wishes themselves. The form covers a broad spectrum of affairs, from financial decisions, including but not limited to managing bank accounts and real estate transactions, to addressing certain legal matters on behalf of the principal. Its durability means that the power given remains in effect even if the principal becomes mentally incompetent, which distinguishes it from other forms of power of attorney that may terminate under such conditions. It's essential for individuals to understand both the power and the responsibility that comes with this document, to ensure that their affairs are managed in a manner that reflects their values and wishes.

Contents

North Dakota Durable Power of Attorney Example

North Dakota Durable Power of Attorney

This Durable Power of Attorney document is tailored to comply with the North Dakota Century Code, ensuring its validity within the state of North Dakota. It is designed to grant certain powers from the Principal to the Agent, which continue in the event of the Principal's incapacity.

Principal Information

Full Name: ___________________________

Address: ___________________________

City, State, ZIP: ___________, North Dakota, ________

Telephone Number: ___________________________

Agent Information

Full Name: ___________________________

Address: ___________________________

City, State, ZIP: ___________, North Dakota, ________

Telephone Number: ___________________________

Powers Granted

This Durable Power of Attorney grants the Agent the following powers in the event of the Principal's incapacity:

  • Real property transactions
  • Tangible personal property transactions
  • Stock and bond transactions
  • Commodity and option transactions
  • Banking and other financial institution transactions
  • Business operating transactions
  • Insurance and annuity transactions
  • Estate, trust, and other beneficiary transactions
  • Claims and litigation
  • Personal and family maintenance
  • Benefits from social security, Medicare, Medicaid, or other governmental programs, or military service
  • Retirement plan transactions
  • Tax matters

Special Instructions

Any special instructions limiting or extending the powers granted to the Agent go here:

__________________________________________________________________________

__________________________________________________________________________

Signatures

This document must be signed by the Principal, witnessed, and notarized to be considered valid under North Dakota law.

Principal's Signature: ___________________________ Date: ____________

Agent's Signature: ___________________________ Date: ____________

Witnesses

  1. Name: ___________________________ Signature: ________________________ Date: ____________
  2. Name: ___________________________ Signature: ________________________ Date: ____________

Notarization

This section to be completed by a Notary Public:

State of North Dakota )

County of ___________ )

On this day, personally appeared before me, _________________________, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that they executed the same as their free act and deed.

Notary Public: ___________________________

Commission expires: ____________

⇓ PDF File

Form Overview

Fact Name Description
Purpose Allows an individual to designate another person to make financial decisions on their behalf.
Governing Law North Dakota Century Code, Chapter 30.1-30 (Uniform Power of Attorney Act).
Document Durability Remains in effect even if the principal becomes incapacitated or disabled.
Principal Requirements The individual creating the power of attorney must be mentally competent and at least 18 years old.
Agent Qualifications The designated agent must be a trustworthy individual, chosen by the principal, who is also at least 18 years old.
Signing Requirements Must be signed by the principal and notarized to be legally valid.
Revocation The principal can revoke the power of attorney at any time, as long as they are mentally competent.
Special Considerations It is recommended to carefully choose an agent, as they will have considerable control over the principal’s financial affairs.

Documents used along the form

When an individual in North Dakota decides to create a Durable Power of Attorney, it's an important step in planning for future financial and healthcare decisions. This document allows one to appoint an agent to handle financial affairs in the event that they become incapacitated. However, to ensure comprehensive planning and legal protection, several other forms and documents are often used alongside the North Dakota Durable Power of Attorney form. These serve various purposes, from specifying healthcare wishes to designating guardianship for children.

  • Advance Healthcare Directive: This document allows individuals to outline their healthcare preferences and end-of-life care should they become unable to communicate their wishes. It often includes a Living Will and a Medical Power of Attorney.
  • Living Will: Specific to healthcare decisions, a Living Will enables an individual to document their wishes regarding life-sustaining treatment if they are terminally ill or in a persistent vegetative state.
  • Medical Power of Attorney: This assigns a healthcare agent the authority to make healthcare decisions on behalf of the individual, should they become incapacitated. It complements a Living Will by covering health decisions not specified within it.
  • Last Will and Testament: This legal document outlines how an individual’s assets and estate will be distributed upon their death. It also allows for the appointment of an executor to manage the estate settlement process.
  • Guardianship Designation: This form is crucial for parents or guardians, allowing them to appoint a guardian for their minor children or dependents in the event of the parent’s death or incapacity.
  • Revocation of Power of Attorney: This document formally revokes a previously granted power of attorney, ensuring that the powers granted can be formally ended when needed.
  • General Power of Attorney: Unlike the durable version, this form grants authority to another individual to handle financial matters on someone’s behalf but becomes invalid if the principal becomes incapacitated.
  • Financial Information Sheet: Often accompanying a Power of Attorney, this sheet organizes all financial account information and assets, making it easier for the appointed agent to manage the principal’s affairs.
  • HIPAA Release Form: This form allows specified individuals to access one’s private health information. It is crucial for healthcare agents to make informed decisions.

Utilizing these documents alongside a North Dakota Durable Power of Attorney can create a well-rounded and thorough legal plan. Each serves its unique purpose, ensuring individuals are prepared for various future scenarios. It’s advised to consult with a legal professional when preparing these documents to ensure they accurately reflect one’s wishes and comply with North Dakota law.

Consider Some Other Durable Power of Attorney Templates for Specific States

Does a Power of Attorney Need to Be Notarized in Minnesota - It functions as a legal safeguard, ensuring that your financial matters are attended to with the same diligence and care as you would provide.

Dpoa Paperwork - It remains effective even if you become mentally incapacitated, ensuring continuous management of your assets.