ND · POA · Updated July 2026 · Free
North Dakota Power of Attorney PDF
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North Dakota at a glance: Governing Law: N.D. Cent. Code § 30.1-30-01 et seq. (UPOAA) · Notarization: Required · Witnesses: Not statutorily required
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Overview
Powers of Attorney in North Dakota
North Dakota has adopted the Uniform Power of Attorney Act, codified in the North Dakota Century Code. A financial POA must be notarized to be valid and is durable by default.
A separate health care directive is required for medical decisions in North Dakota.
Key Facts
North Dakota Power of Attorney — Quick Reference
| Requirement | North Dakota Rule |
|---|---|
| Governing Law | N.D. Cent. Code § 30.1-30-01 et seq. (UPOAA) |
| Notarization | Required |
| Witnesses | Not statutorily required |
| Default Durability | Durable by default |
| Medical Decisions | Separate health care directive required |
Legal Requirements
North Dakota Legal Requirements
- Must be signed by the principal and acknowledged before a notary public.
- Durable by default under North Dakota's Uniform Power of Attorney Act.
- Agent has fiduciary duties to act in the principal's best interest.
- A separate health care directive is needed for medical decisions.
Governing Laws
North Dakota Governing Laws
N.D. Cent. Code § 30.1-30-01 et seq.
Uniform Power of Attorney Act
Governs the creation, effect, and termination of powers of attorney in North Dakota.
Read the full text of these laws at Cornell Law School's North Dakota legal resources or your state legislature's official website.
Questions & Answers
North Dakota Power of Attorney — Frequently Asked Questions
Does a North Dakota POA need to be notarized?
Yes. North Dakota requires a financial POA to be acknowledged before a notary public.
Is a North Dakota POA durable by default?
Yes, under North Dakota's Uniform Power of Attorney Act.
Does a North Dakota POA cover healthcare decisions?
No. A separate health care directive is required for medical decisions.