Create Document
Adobe PDF
To ensure a designated individual can perform tasks associated with one’s accounts, property, insurance, or legal affairs. The health POA, or advance directive, defines the principal’s desires related to medical treatments and health care representation if the communication of their wishes is temporarily impossible. Additional particularized contracts submit the lawful granting of controls to another concerning specific scenarios related to child care, taxes, vehicles ore real estate. Complete the most suitable form for the circumstance by filling and endorsing it as directed with the proper notarization and witness requirements as stated for each document.
Laws
Statutes – North Dakota Century Code Title 30, Chapter 30.1-30 – Uniform Durable Power of Attorney Act (§ 30.1-30-01 – 30.1-30-06) and North Dakota Century Code Title 23, Chapter 23-06.5 – Health Care Directives (§ 23-06.5-01 – 23-06.5-19)
Definition – “A durable power of attorney is a power of attorney by which a principal designates another as the principal’s attorney in fact in writing and the writing contains the words “This power of attorney is not affected by subsequent disability or incapacity of the principal or by lapse of time,” or “This power of attorney becomes effective upon the disability or incapacity of the principal,” or similar words showing the intent of the principal that the authority conferred is exercisable notwithstanding the principal’s subsequent disability or incapacity, and, unless it states a time of termination, notwithstanding the lapse of time since the execution of the instrument” (§ 30.1-30-01).
Signing Requirements – Each unique form will have corresponding obligations for acknowledgment listed below. It is advised to have a notary public present to sign all POA contracts as a standard precautionary measure to certify further the authenticity of the captured endorsements.
Revocation – § 30.1-30-04
By Type (9)
- Advance Directive (Medical POA & Living Will)
- Durable (Financial) Power of Attorney
- General (Financial) Power of Attorney
- Limited (Special) Power of Attorney
- Minor Child Power of Attorney
- Motor Vehicle Power of Attorney
- Real Estate Power of Attorney
- Revocation of Power of Attorney
- Tax Power of Attorney
Advance Directive (Medical POA & Living Will) – Outlines the purposeful designation of one’s personal plan for how medical treatment will be administered in the event of possible incapacitation. The issuance of agency can be denoted within the document by listing a selected attorney-in-fact.
Download: PDF
Signing Requirements: Acknowledgement from a notary or two (2) qualified witnessing parties obligated to create the arrangement’s legal standing.
Durable (Financial) Power of Attorney – Collects all necessary data to instate powers of attorney over financial areas from one person to another. The received agency will remain active even in the case the principal encounters a possible long-term unconscious state.
Download: PDF
Signing Requirements: Acknowledgment by a notary is not specifically covered in state law, but it is requested on the government-issued version of the form.
General (Financial) Power of Attorney – Clarifies the expectations and conditions associated with the transfer of choice financial powers from a principal to a nominated agent during a designated period.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgement by a notary is not mandated by any particular state law, but it is suggested to authenticate the legal document in an official capacity.
Limited (Special) Power of Attorney – Grants a finite amount of controls from an issuing party to another individual to fulfill a specific function concerning the financial, tax, or legal instances.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgement by a notary public is recommended, although it is not formally iterated in any state law.
Minor Child Power of Attorney – Dictates the terms to authorize another adult to represent and care for a child legally.
Download: PDF
Signing Requirements: A licensed notary will be needed to enforce the signed agreement.
Motor Vehicle Power of Attorney – Allows a secondary person the right to sign for and take specified actions regarding another party’s vehicle.
Download: PDF
Signing Requirements: Acknowledgement can be obtained with the assistance of a notary professional but is not necessarily demanded explicitly within the North Dakota Century Code.
Real Estate Power of Attorney – Presents rights for an alternate person to take on the inherent duties associated with property ownership.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgment by a notary is not necessitated, but it would be prudent to retrieve it in order to establish confirmation from an authorized party.
Revocation of Power of Attorney – Allows the principal individual to cancel a preexisting POA for official release.
Download: PDF
Signing Requirements: Acknowledgement by a notary is not demanded by law, but it is suggested to supply more comprehensive evidence of the finalization of the contract.
Tax Power of Attorney (Form 500) – Actualizes the installation of gained powers bestowed upon a tax professional to communicate and act on the taxpayer’s behalf.
Download: PDF
Signing Requirements: Acknowledgement from all associated taxpayers is needed to complete the form.
Comments