Power of Attorney Form for North Dakota

STATUTORY DURABLE POWER OF ATTORNEY (NORTH DAKOTA)

Document ID: ND-POA-2024-V1
Effective Date: [Effective Date]
Governing Jurisdiction: State of North Dakota
Statutory Authority: North Dakota Century Code (N.D.C.C.) Chapter 30.1-30 (Uniform Power of Attorney Act)

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I. STATUTORY & LEGAL COMPLIANCE NOTICE

NOTICE TO THE PRINCIPAL: THE POWERS GRANTED BY THIS DOCUMENT ARE BROAD AND SWEEPING. THEY ARE DEFINED IN THE NORTH DAKOTA UNIFORM POWER OF ATTORNEY ACT, CHAPTER 30.1-30 OF THE NORTH DAKOTA CENTURY CODE. IF YOU HAVE ANY QUESTIONS ABOUT THESE POWERS, OBTAIN COMPETENT LEGAL ADVICE. THIS DOCUMENT DOES NOT AUTHORIZE ANYONE TO MAKE MEDICAL AND OTHER HEALTH-CARE DECISIONS FOR YOU. YOU MAY REVOKE THIS POWER OF ATTORNEY IF YOU LATER WISH TO DO SO.

NOTICE TO THE AGENT: BY ACCEPTING OR ACTING UNDER THIS APPOINTMENT, YOU ASSUME THE FIDUCIARY AND OTHER LEGAL RESPONSIBILITIES OF AN AGENT. THESE DUTIES INCLUDE THE DUTY TO ACT IN GOOD FAITH, WITHIN THE SCOPE OF AUTHORITY GRANTED, AND IN THE PRINCIPAL'S BEST INTEREST.

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II. PARTIES & RECITALS

1. PRINCIPAL:
[Principal Full Legal Name] (the "Principal"), residing at [Principal Address], North Dakota.

2. AGENT:
[Agent Full Legal Name] (the "Agent"), residing at [Agent Address], is hereby appointed to act in the name of and for the Principal.

3. SUCCESSOR AGENT (OPTIONAL):
If the Agent is unable or unwilling to act, [Successor Agent Full Legal Name], residing at [Successor Agent Address], is appointed as Successor Agent.

4. RECITALS:
The Principal desires to create a Durable Power of Attorney, appointing the Agent to manage the Principal's financial affairs, property, and legal interests, intended to be effective immediately and to survive the subsequent disability or incapacity of the Principal.

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III. EXHAUSTIVE OPERATIVE CLAUSES

1. GRANT OF GENERAL AUTHORITY

The Principal grants the Agent the full power and authority to act on the Principal’s behalf with respect to the following subjects as defined in N.D.C.C. §§ 30.1-30-24 through 30.1-30-37:

• Real Property: To buy, sell, lease, mortgage, or otherwise manage real estate.
• Tangible Personal Property: To manage, sell, or acquire physical goods.
• Stocks and Bonds: To trade, exercise rights, and vote proxies.
• Commodities and Options: To engage in derivatives and commodity transactions.
• Banks and Other Financial Institutions: To open, close, and modify accounts; withdraw funds; and negotiate instruments.
• Operation of Entity or Business: To manage any business interest or entity owned by the Principal.
• Insurance and Annuities: To procure, terminate, or modify insurance policies.
• Estates, Trusts, and Other Beneficiary Interests: To act for the Principal in all probate and trust matters.
• Claims and Litigation: To institute, settle, or defend any legal proceeding.
• Personal and Family Maintenance: To provide for the standard of living of the Principal and dependants.
• Benefits from Governmental Programs or Civil or Military Service: To apply for and receive Social Security, Medicare, or VA benefits.
• Retirement Plans: To manage IRAs, 401(k)s, and other retirement vehicles.
• Taxes: To prepare, sign, and file all tax returns (Form 2848) and represent the Principal before the IRS or State Tax Commissioner.

2. COMPENSATION & REIMBURSEMENT

The Agent shall be entitled to reasonable compensation for services rendered under this Power of Attorney in the amount of [Amount in USD] per hour/month/annum, and shall be reimbursed for all reasonable out-of-pocket expenses incurred in the exercise of the powers herein granted. Invoices for fees and expenses shall be maintained by the Agent and provided to the Principal or the Principal’s personal representative upon request.

3. TERM & TERMINATION

This Power of Attorney is effective as of the date of execution. It shall remain in full force and effect until:

• (a) The death of the Principal;
• (b) The Principal’s written revocation delivered to the Agent;
• (c) The resignation of the Agent, provided written notice is given to the Principal or a Successor Agent; or
• (d) A court order terminating the authority. This Power of Attorney is "Durable" and shall not be affected by the subsequent disability or incapacity of the Principal.

4. INTELLECTUAL PROPERTY & WORK PRODUCT

All records, digital assets, correspondence, and work product created by the Agent in the course of exercising authority under this instrument shall be considered "Work Made for Hire" and shall remain the sole and exclusive property of the Principal. The Agent shall have no ownership interest in any Intellectual Property managed or created during the term of this engagement.

5. MUTUAL CONFIDENTIALITY

The Agent shall maintain strict confidentiality regarding all financial, personal, and business affairs of the Principal. The Agent shall not disclose any "Confidential Information" to third parties unless required by law or necessary to execute the powers granted herein.

6. REPRESENTATIONS & WARRANTIES

The Principal represents that they are of sound mind and under no duress or undue influence. The Agent warrants that they have not been convicted of a felony involving financial crimes or moral turpitude and are legally capable of assuming fiduciary duties in the State of North Dakota.

7. LIMITATION OF LIABILITY & INDEMNIFICATION

The Agent shall not be liable to the Principal or the Principal’s successors for any error of judgment or for any action taken or omitted in good faith. However, the Agent shall be liable for breach of fiduciary duty, gross negligence, or willful misconduct. The Principal’s estate shall indemnify and hold the Agent harmless from any liability arising from acts performed in good faith within the scope of this authority.

8. DISPUTE RESOLUTION & ARBITRATION

Any dispute arising out of or relating to this Power of Attorney shall be resolved through binding arbitration in [City/County], North Dakota, in accordance with the rules of the American Arbitration Association. The prevailing party shall be entitled to recover reasonable attorney’s fees and costs.

9. GOVERNING LAW & JURISDICTION

This document is governed by the laws of the State of North Dakota. If any provision is held invalid under N.D.C.C. Chapter 30.1-30, such invalidity shall not affect other provisions that can be given effect without the invalid provision.

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IV. EXECUTION & FORMAL SIGNATURE BLOCKS

FOR THE PRINCIPAL:
I, [Principal Full Legal Name], sign my name to this instrument this _____ day of ___________, 20, and do hereby declare that I sign it willingly and that I execute it as my free and voluntary act for the purposes expressed in it.

Signature: _____________________________________
Printed Name: [Principal Full Legal Name]
Address: [Principal Address]

FOR THE AGENT (ACCEPTANCE OF APPOINTMENT):
I, [Agent Full Legal Name], have read the foregoing Power of Attorney and am the person identified therein as the Agent for the Principal. I hereby acknowledge my legal and fiduciary obligations.

Signature: _____________________________________
Printed Name: [Agent Full Legal Name]
Title: Agent / Attorney-in-Fact
Date: [Date]

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V. NOTARY ACKNOWLEDGMENT

Required for enforceability in North Dakota (N.D.C.C. § 47-19-03).

STATE OF NORTH DAKOTA ) ) ss. COUNTY OF ____________________ )

On this _____ day of ___________, 20, before me, a Notary Public in and for said County and State, personally appeared [Principal Full Legal Name], known to me to be the person described in and who executed the within instrument, and acknowledged to me that he/she executed the same.

(Seal) _____________________________________
Notary Public, State of North Dakota
My Commission Expires: ____________________

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VI. STEP-BY-STEP EXECUTION & FILING GUIDE

1. Field Completion: Open this document in Microsoft Word or Google Docs. Replace all bracketed text (e.g., [Principal Full Legal Name]) with the accurate legal information for the parties involved. Ensure the "Effective Date" matches the date of notarization.
2. Verify Authority: Confirm that the Principal has the legal capacity to sign (is of sound mind). In North Dakota, the Principal's signature must be acknowledged by a Notary Public to be considered "genuinely" executed under the Uniform Power of Attorney Act.
3. Witnessing (Optional but Recommended): While North Dakota law focuses on Notarization, having two disinterested witnesses sign is a best practice to prevent future challenges.
4. Digital Signature: If using DocuSign or Adobe Sign, ensure the platform provides a "Notary with Digital Signature" workflow that complies with North Dakota's Electronic Notarization laws.
5. Recording & Distribution:
   • Real Estate: If the Agent will manage real estate, a copy of this POA must be recorded with the County Recorder in the North Dakota county where the property is located.
   • Financial Institutions: Provide certified copies to all banks and investment firms where the Principal holds accounts.
   • Retention: The original document should be kept in a secure location (fireproof safe) known to the Agent. The Agent should keep a high-resolution digital scan for immediate reference.
6. Periodic Review: Review this document every 2–3 years to ensure the Agent designation remains appropriate and compliant with any updates to the North Dakota Century Code.