Power of Attorney in North Dakota

North Dakota follows the Uniform Durable Power of Attorney Act. A power of attorney is durable only if it contains words such as "This power of attorney is not affected by subsequent disability or incapacity of the principal or by lapse of time" or otherwise shows that intent; it is not durable by default. The chapter does not provide a statutory form or set witness or notary requirements, but a power of attorney used for recordable real estate documents must be acknowledged to be recorded. Unless limited, a power of attorney giving the agent full power over the principal's affairs lets the agent make gifts.

A health care directive may name a health care agent, give health care instructions, or both. It must be in writing, dated, state the principal's name, be signed by the principal (or another person at the principal's direction), and have the signature verified by a notary public or at least two witnesses age 18 or older. At least one witness may not be a direct-care health care provider or its employee. The notary or witnesses may not be the agent, the spouse or an heir, a relative, a person entitled to part of the estate, a creditor, a person financially responsible for the principal's care, or the attending physician. An optional statutory Health Care Directive form is provided; other forms that comply with the chapter may be used.

For health care, N.D. Cent. Code § 23-06.5-17 sets out an optional "Health Care Directive" form that lets you name a health care agent, give health care instructions, and make an organ and tissue donation; another form may be used if it complies with the chapter. A health care directive must be in writing, dated, and signed by the principal (or by someone the principal authorizes), and the signature must be verified by a notary public or by at least two witnesses age 18 or older; at least one witness must not be a health care or long-term care provider giving direct care to the principal. North Dakota's durable power of attorney chapter (N.D. Cent. Code ch. 30.1-30) does not contain a statutory form for a financial power of attorney.