North Dakota General (Financial) Power of Attorney

Signing Requirements

Laws

Durable - A power of attorney is durable if it 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 granted is exercisable regardless of the principal's subsequent disability or incapacity.<a class="source-url" href="#source-url1">[1]</a>

Incapacity - means any adult person who is impaired by reason of mental illness, mental deficiency, physical illness or disability, or chemical dependency to the extent that the person lacks capacity to make or communicate responsible decisions concerning that person's matters of residence, education, medical treatment, legal affairs, vocation, finance, or other matters, or which incapacity endangers the person's health or safety.<a class="source-url" href="#source-url2">[2]</a>

The person is unable to manage the person's property and affairs effectively for reasons of confinement, detention by a foreign power, or disappearance; or the person has property that will be wasted or dissipated unless proper management is provided, or that funds are needed for the support, care, and welfare of the person or those entitled to be supported by the person and that protection is necessary or desirable to obtain or provide funds.<a class="source-url" href="#source-url3">[3]</a>

Sources

1. § 30.1-30-01
2. § 30.1-29-01(2)
3. § 30.1-26-01(2)