Updated August 3, 2026. Quick answer: N.D.C.C. ch. 30.1-30 (North Dakota’s older Uniform Durable Power of Attorney Act, based on the pre-2006 UPC §§5-501–5-505) requires only a signed writing containing specific durability language (§30.1-30-01); the chapter states no notarization or witness requirement for execution.. This state has no statutory form. A power of attorney here must say it is durable, or it ends at incapacity — which is the moment it was written for.
| Execution | N.D.C.C. ch. 30.1-30 (North Dakota’s older Uniform Durable Power of Attorney Act, based on the pre-2006 UPC §§5-501–5-505) requires only a signed writing containing specific durability language (§30.1-30-01); the chapter states no notarization or witness requirement for execution. |
| Statutory form | No |
| Durability | Must say it is durable |
| Who may not witness | none stated |
| Agent must accept in writing | Not verified |
| Statute | N.D.C.C. Chapter 30.1-30 (Uniform Durable Power of Attorney Act), within Title 30.1 (Uniform Probate Code) |
What decides whether the document is valid
N.D.C.C. ch. 30.1-30 (North Dakota’s older Uniform Durable Power of Attorney Act, based on the pre-2006 UPC §§5-501–5-505) requires only a signed writing containing specific durability language (§30.1-30-01); the chapter states no notarization or witness requirement for execution. Get this wrong and the document is not merely weak — it may be void, and you will find out at the moment somebody needs to use it.
There is no statutory form
North Dakota does not put a form in its statute, so there is nothing official to copy. The requirements above still govern whatever document you use.
Durability — the point most people get wrong
Here a power of attorney must state that it is durable. Without that language it ends exactly when incapacity begins — which is the situation it was almost certainly written for. This is the single most consequential drafting point in this state.
Why a springing power often fails when it is needed, and why durable is usually the better default.
If a bank refuses it
North Dakota addresses this by statute: none found in N.D.C.C. ch. 30.1-30
What the form does not solve
- Social Security will not accept it. No power of attorney works there — a representative-payee application is the only route.
- It has to be signed while capacity is intact. The day that closes, the alternative is a court.
- Name a successor agent. A document whose only named agent has died or declined does nothing — how to choose when there is no obvious person.
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If the free form does not fit your situation
This state has no statutory form to copy, which is the case where a drafted document earns its keep. LawDepot builds a state-specific power of attorney executed under this state’s witnessing and notary rules. Where the estate is complex or a dispute is likely, see a lawyer instead.
LawDepot pays us a commission if you buy through this link — it costs you nothing extra. We are not a law firm and this is not legal advice. Affiliate Disclosure.
General information drawn from IRS, Medicare, HUD and state statute and regulation, not legal, tax or financial advice. Continuing-care law is state law and differs materially between states; every figure here is year-labelled and every source named. Powers of attorney, guardianship and trusts are governed by STATE law and differ materially between states. Execution requirements decide whether a document is VALID, so verify them against your own state’s current statute before signing anything. We are not a law firm and this is not legal advice.