Clear Money Guide
What this state guide covers
A quick view of the questions, practical details and source notes below.
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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) defines a durable power of attorney as a power of attorney in writing that contains durability words or similar words showing the principal’s intent (§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.
Putting a loan in writing? The interest limit, the signing rules and the time limit to sue, from the state’s own statutes: North Dakota promissory note.
| 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) defines a durable power of attorney as a power of attorney in writing that contains durability words or similar words showing the principal’s intent (§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) |
North Dakota power of attorney form: what the statute says
Each line is quoted from the North Dakota statute itself.
- Definition, not a signing rule. N.D.C.C. 30.1-30-01: “A durable power of attorney is a power of attorney by which a principal designates another as the principal’s attorney in fact in writing…”
- Witnesses. The section quoted above prints no witness requirement.
Settling the estate is a separate cost: North Dakota Probate Cost 2026.
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) defines a durable power of attorney as a power of attorney in writing that contains durability words or similar words showing the principal’s intent (§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.
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.
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.
All 51 jurisdictions compared.
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.