 | North Dakota Durable Financial Power of Attorney Form |
The North Dakota durable financial power of attorney form is a document that grants rights to a Principal to provide transfer of powers to an Agent who shall oversee the finances for the Principal in the event of illness or extended absence. The document, unless otherwise stated in writing by the Principal, will take effect immediately and remains in effect, however, this document nor will the Agent, have the ability to remove retention of rights for the Principal to continue to conduct their own business at their discretion until they are incapacitated and no longer able to communicate their wishes on their own. This document will not allow the Agent any legal rights to make medical decisions or dispose of any personal or real property.
The Agent must take this responsibility quite seriously and only enter into this agreement with the finest of intentions, to act as if the Principal were available and able to conduct their own financial business.
This document must be signed by all signatories, before a Notary Public. The document may be revoked at any time the Principal wishes to do so. This may be done by placing the revocation in writing and delivering it to the Agent.
How to Write
Step 1 – Titled Sections – The Principal, must read the following titles before proceeding:
- Notice
- Incapacitation
- Revocation
- Witness and Notary
Step 2 – The Parties – Provide the following:
- Enter the name of the Principal
- Principal’s Street Address
- City
- State
- AND
- Enter the name of the Agent
- Street Address
- City
- State
- Enter the state in which the powers will be exercised
- AND
In the event the first Agent is unable to serve, the Principal may wish to select a Successor Agent:
- Enter the name of the Successor Agent
- Street Address
- City
- State
- Enter the state in which the powers will be excercised
Step 3 – Additional Titles – The Principal should take the time to review the additional sections:
- Terms and Conditions
- Third Parties
- Compensation
- Disclosure
Step 4 – Signatures – Must be completed before a Notary Public – Enter the following:
- Print the name of the Principal
- Date the signature in dd/mm format
- The Principal must read the remaining portion of the section
- Submit the Principal’s signature
- AND
- Print the Agent’s name
- Enter the Agent’s signature
- Date the signature in mm/dd/yyyy format
- AND
- Print the name of the Successor Agent
- Provide the Successor Agent’s signature
- Date the signature in mm/dd/yyyy format
- AND
Notarization –
Once all of the signatories have presented before a Notary Public and have been witnessed providing signatures, the Notary shall then acknowledge the document, by completion of all required information and affixing the official seal
Step 5 –Acknowledgement and Acceptance of Appointment as Agent – Submit:
The Agent must first read the Acceptance of Appointment. If in agreement –
- Print the name of the Agent
- The Agent must provide signature
- Date the document in mm/dd/yyyy format
- AND
Acceptance of Appointment as successor Agent – The Successor Agent must read the paragraph –
- Enter the Successor’s printed name
- Submit the Successor’s signature
- Date the signature in mm/dd/yyyy format
Step 6 – Witness Attestation – The Witnesses must both read the attestation, if in agreement:
- Each Witness must enter their printed names
- Each Witness must enter their signatures
