What the rule says
North Dakota adopted the Uniform Power of Attorney Act effective August 1, 2015, codified at N.D. Cent. Code § 30.1-30 et seq.
Default durability
An ND POA is durable by default — the agent's authority survives the principal's incapacity unless the document expressly states otherwise.
Specific powers
Under ND's UPOAA, certain powers require express authorization (gifts, beneficiary changes, trust modifications, etc.).
Third-party acceptance
ND law provides protections for third parties accepting properly executed POAs.
Execution requirements
A valid ND POA must be:
- Signed by the principal - Acknowledged before a notary public
Healthcare advance directive is separate
North Dakota separates property and healthcare frameworks. Healthcare decisions require a separate ND Health Care Directive under N.D. Cent. Code § 23-06.5.
What happens without a POA
If an ND resident becomes incapacitated without an executed durable POA, the family must seek conservatorship or guardianship.
What you can do about it
For ND residents:
- Execute a Uniform Power of Attorney. - Acknowledge before a notary. - Specifically enumerate hot powers if needed. - Designate a successor agent. - Coordinate with the Health Care Directive. - Update older POAs.
Who this affects most
North Dakota's POA framework is most consequential for ND adults without executed POAs.