North Dakota Power of Attorney Requirements & Form
North Dakota still follows the older Uniform Durable Power of Attorney Act rather than the newer uniform act. This page covers how that changes execution in North Dakota.
North Dakota requirements
- North Dakota has not adopted the Uniform Power of Attorney Act. Durable powers of attorney are governed by the Uniform Durable Power of Attorney Act, North Dakota Century Code chapter 30.1-30.
- Durability is not the default. To survive incapacity the document must contain express words such as "This power of attorney is not affected by subsequent disability or incapacity of the principal" (N.D.C.C. 30.1-30-01).
- A springing power is also recognized when the document says it becomes effective upon the disability or incapacity of the principal.
- Chapter 30.1-30 does not itself impose notarization or witness formalities, but signing before a notary public is standard practice and is expected whenever the document will be recorded, for example for real estate; confirm specifics with the county recorder.
- North Dakota does not publish a general statutory power of attorney form; our template is a general purpose document that should include express durability wording for North Dakota use.
- For vehicle titles, the NDDOT Motor Vehicle Division accepts a general power of attorney only when no federal odometer certification is required; transactions needing odometer certification call for a secure power of attorney.
Frequently asked questions
Is a power of attorney durable by default in North Dakota?
No. Unlike most states, North Dakota requires express language. Without wording that the power is not affected by later disability or incapacity, the agent's authority can end exactly when it is needed most.
Does North Dakota require notarization of a power of attorney?
The statute does not spell out execution formalities, but notarization is expected in practice, and recorded uses such as real estate transactions require an acknowledged document. When in doubt, sign before a notary public.
Official sources
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