Free North Dakota Power of Attorney Form

People hardly respect your wishes unless you make them. But, instead of forcing someone's hand, a simple document that highlights your wishes and names the person you wish to give your directives when you are incapacitated makes all that possible. The best part, the document is legally binding.

We are referring to a power of attorney, also called a POA or a letter of attorney. This refers to a legally binding document that grants someone else power over your affairs should you be incapacitated. In a POA, the person instigating its creation is the principal and the individual, party, or organization appointed to give directives in your place is the agent, also referred to as the attorney-in-fact.

In most cases, the POA holds springing powers of attorney which means that the powers in the document are only executable when the need arises. This is if the principal is unable to act on their own accord because of their incapacitation, disability, or unavailability.

  • To access a POA, we let you fill a free North Dakota power of attorney form which carries most details of the POA. But, you need not sign a general POA if all you want is to allocate control over a small part of your affairs; you may want an agent to give medical directives only. With these considerations in mind, the state of North Dakota has several types of POA to meet your specific needs. They include:

    • 1. North Dakota Durable POA

A durable POA (DPOA) refers to a written legal arrangement authorizing the appointed agent to make healthcare decisions on behalf of the principal. The health care decisions made relate to artificial life-support. With the DPOA, the agent decides whether then principal stays connected to the respirator or not. As you can imagine the powers given by the DPOA put a heavy responsibility on the agent’s shoulders and so, you should be careful when selecting your agent. Also, the document should be prepared as per the state laws stated in section 23-06.5-01 et seq. of the North Dakota Durable POA for healthcare.

Special powers of the DPOA

Before you complete filling our your free power of attorney form in North Dakota, you need to know that the DPOA will not give your agent the authority to consent to your admission into a mental health institution or for you to undergo an abortion, psychosurgery, or sterilization.

However, the agent can give directives for treatments, diagnosis, services, care, or treatment. They can also refuse to give their consent on the above.

  • The Legal Requirements for a DPOA

    • The DPOA is considered a legal instrument only if it’s signed with at least 2 witnesses present to affirm that the principal acted when of a sound of mind and that they signed the DPOA off in their own volition.

    • It should have the agent’s acceptance in writing

    • It should follow the preferred format of POA as per the statutory form (§23-06.5-17).

Revoking the DPOA

  • The DPOA is revoked if these things happen:

    • If the principal notifies the agent of their intention to revoke the document in writing if the expression is made verbally

    • If a subsequent DPOA is executed

    • If a divorce ensues and the former spouse was the agent

What happens if an attending physician is unable to act on the wishes of their patient?

If this happens, the physician is required by law to inform the agent or the principal their unwillingness to act on the directives and then transfer the principal to the care of a willing health care provider.

Is a DPOA from a different state valid?

Yes, but only if it complies with the North Dakota laws.

What liability does an attending acting in good faith incur?

  • None.

    • 2. North Dakota Limited POA For Sale Of Motor Vehicle Law

  • This limited POA for the sale of a motor vehicle is a special document that limits the powers of the agent to the tasks indicated in the POA form. Being limiting, the agent doesn’t have any other authority acting beyond the powers granted by the principal. And, once granted and in effect, the powers stay in place until the principal issues a written revocation notice to the agent an all the third parties acting on the directives issued by the agent.

    • 3. North Dakota POA For Bank Account Matters Law

If you will be out of town for some time or you have a medical procedure coming up, and you need someone taking care of bank and money issues during your short/ extended absence, then this POA for bank account matters comes in handy. It gives your agent limited and specific powers over matters relating to your bank account.

The powers are also executable only when you are incapacitated or unavailable. Like other POAs, the powers are revocable easily – a written notice sent to the agent and third parties acting on the agent’s authority is sufficient to revoke the powers.

To access these and more types of POA, get our free online power of attorney form accessible and valid for use throughout North Dakota including Bismarck, Grand Forks, Fargo, or Minot city.