North Dakota
North Dakota Power of Attorney Laws: Durable, Medical, and Financial POA (2026)
Independently fact-checked against primary sources (last audited August 18, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 18, 2026. How we verify our legal content
A power of attorney (POA) is one of the most important legal documents a North Dakota resident can create. It lets you name a trusted person to manage your finances, sign contracts, or make health care decisions when you cannot act for yourself. North Dakota's financial POA rules are governed by the Uniform Durable Power of Attorney Act, N.D. Cent. Code ch. 30.1-30. A separate chapter, N.D. Cent. Code ch. 23-06.5, covers health care directives. Understanding what each document does, and how to execute it correctly, protects both you and your agent.
What a Power of Attorney Does in North Dakota
A power of attorney is a written document in which one person (the principal) gives another person (the attorney in fact, often called the agent) legal authority to act on the principal's behalf. The agent steps into the principal's shoes for purposes spelled out in the document, whether that is paying bills, managing investments, selling real estate, or filing tax returns.
North Dakota law recognizes two broad categories of POA. A financial or general POA covers property and business matters and is governed by N.D. Cent. Code ch. 30.1-30. A health care directive, which may include a health care power of attorney, covers medical decisions and is governed by N.D. Cent. Code ch. 23-06.5. The two documents serve very different purposes and are executed under different rules. Many North Dakota estate planning attorneys recommend creating both.
Any POA terminates at the principal's death. The agent has no authority to act after the principal dies. At that point, authority passes to the personal representative named in the principal's will or appointed by a probate court.
Durable Power of Attorney in North Dakota
Under , a durable power of attorney is defined as one that is in writing and contains specific words showing that the authority granted survives the principal's subsequent disability or incapacity. Two formulations satisfy the statute:
- "This power of attorney is not affected by subsequent disability or incapacity of the principal or by lapse of time."
- "This power of attorney becomes effective upon the disability or incapacity of the principal."
The first creates an immediately effective durable POA. The second creates a springing POA that only takes effect when the principal becomes incapacitated.
A POA that omits these words is not durable. If the principal later becomes incapacitated, a non-durable POA automatically terminates. The agent loses all authority at exactly the moment the principal needs help most. For estate planning purposes, an immediately effective durable POA is generally preferred because it avoids disputes about when incapacity occurred.
Under sec. 30.1-30-02, all acts performed by an agent under a durable POA during any period of the principal's disability have the same legal effect as if the principal were fully competent. This protects third parties who rely on the agent's authority.
If a court later appoints a conservator or guardian over the principal's estate, the agent becomes accountable to that fiduciary as well as to the principal under sec. 30.1-30-03. The court-appointed fiduciary has the same power to revoke or amend the POA that the principal would have had.
How to Create a Valid North Dakota Power of Attorney
North Dakota's Uniform Durable Power of Attorney Act does not specify a particular signing ceremony beyond requiring that the document be in writing. There is no statutory requirement that a financial POA be witnessed or notarized. However, practical considerations make notarization nearly essential:
- Banks and financial institutions routinely refuse to honor an unacknowledged POA. Most require notarization before releasing account access to an agent.
- Real estate transactions require that the POA be notarized (acknowledged before a notary public) and recorded with the county recorder in the county where the property is located. An unrecorded financial POA will not support a deed signed by an agent.
- Third-party reliance is far more reliable when the document is notarized. Under sec. 30.1-30-05, if the agent needs to prove to a third party that the POA has not been revoked and that the principal was alive at the time the agent acted, the agent can execute a sworn affidavit stating that the agent had no actual knowledge of the POA's termination; that affidavit is conclusive proof of nonrevocation or nontermination for third parties who rely on it.
To create a valid North Dakota financial POA, the principal should:
- Draft the document in writing, clearly identifying the principal and agent by full legal name.
- Include the durability language from sec. 30.1-30-01 if you want the POA to survive incapacity.
- Describe the scope of the agent's authority with reasonable specificity.
- Sign the document before a notary public.
- If real estate authority is included, record the document with the county recorder.
A successor agent may also be named in case the primary agent is unable or unwilling to serve.
What a North Dakota Agent Can and Cannot Do
The scope of an agent's authority under a North Dakota POA is determined almost entirely by the language of the document itself. N.D. Cent. Code ch. 30.1-30 does not contain a detailed list of enumerated powers the way more modern statutes do. The principal should describe with care what the agent is authorized to do.
Common authorities that principals grant include:
- Banking and financial account management
- Buying, selling, and managing real property
- Operating a business or managing investments
- Filing federal and state income tax returns
- Entering into contracts on the principal's behalf
- Making gifts to any individual or to qualified charitable organizations
Gift-making authority is addressed specifically in . If the POA or any other writing authorizes the agent to handle all of the principal's affairs or gives the agent full power to deal with the principal's property, the agent may make gifts to individuals or to qualifying charitable organizations under sections 170(c) and 2522(a) of the Internal Revenue Code. The principal can expressly expand or limit this gift authority in the document.
There are firm limits on what an agent can do regardless of document language:
- An agent cannot make or change the principal's will.
- An agent cannot act after the principal's death.
- An agent cannot transfer the principal's property to themselves unless the document specifically and clearly authorizes self-dealing.
- An agent who abuses authority can be held personally liable and may face criminal charges for financial exploitation under North Dakota elder abuse statutes.
A court-appointed conservator can also override or curtail an agent's authority if protective proceedings are commenced under sec. 30.1-30-03.
Health Care Directive and Medical POA in North Dakota
Financial and health care decisions are governed by entirely separate statutes in North Dakota. To authorize another person to make medical decisions for you, you must execute a Health Care Directive under N.D. Cent. Code ch. 23-06.5, not a financial POA.
A health care directive under ch. 23-06.5 is a written document that may contain:
- A health care power of attorney, naming a health care agent to make medical decisions when you lack decision-making capacity.
- Health care instructions (a living will component), expressing your wishes about life-sustaining treatment, pain management, organ donation, and similar matters.
- Both components combined in a single document.
Execution requirements under sec. 23-06.5-05 are stricter than for a financial POA. The principal must sign the directive (or direct someone else to sign on their behalf) in the presence of:
- Two adult witnesses who are both at least 18 years old, OR
- A notary public.
At least one of the two witnesses cannot be a health care or long-term care provider who is directly treating the principal, or an employee of such a provider. Neither the notary nor any witness may be, at the time of execution, the named health care agent, the principal's spouse or heir, a person related to the principal by blood, marriage, or adoption, a person entitled to any part of the principal's estate upon death under a will, deed, or by operation of law, a person with any claim against the principal's estate, a person directly financially responsible for the principal's medical care, or the principal's attending physician.
A notary who is an employee of a health care provider that directly cares for the principal is permitted to perform the notarization, which differs from the witness restriction.
Your health care agent may make all health care decisions for you once your physician determines in writing that you lack capacity to make those decisions yourself. This includes decisions about surgery, medication, hospitalization, and withdrawal of life-sustaining treatment, but only to the extent consistent with the wishes you expressed in the directive. By statute, an agent cannot consent to admission to a mental health facility or state institution for more than 45 days without a separate mental health proceeding or court order, or to psychosurgery, abortion, or sterilization without prior court approval, regardless of what the directive authorizes ((6)).
You can revoke a health care directive at any time while you retain decision-making capacity, by a written revocation, an oral statement to your health care provider, or by creating a new directive under sec. 23-06.5-07. If the principal's spouse was named as health care agent, the divorce of the principal and spouse automatically revokes that spouse's appointment as agent, unless the directive states otherwise (sec. 23-06.5-07(3)).
North Dakota participates in interstate reciprocity for health care directives under sec. 23-06.5-11. A directive validly executed in another state is generally honored in North Dakota if it complies with that state's law.
Revoking or Ending a North Dakota Power of Attorney
A North Dakota POA can end in several ways.
Revocation by the principal: A competent principal can revoke a financial POA at any time. Revocation should be in writing, signed and dated by the principal, and delivered to the agent and to any third parties (such as banks) who have been relying on the POA. A notarized revocation is advisable for the same practical reasons that apply to the original POA.
Third-party protection: Under , the death or incapacity of the principal does not terminate authority with respect to a third party who, without actual knowledge of the death or incapacity, acts in good faith under the power. This means that a bank that honors an agent's transaction before learning of the principal's death is protected. To cut off agent authority effectively, the principal or their estate must give actual notice to all parties who may be relying on the POA.
Automatic termination: A non-durable POA automatically terminates when the principal becomes incapacitated. A durable POA terminates at the principal's death, upon a date or event specified in the document, or when a court revokes it.
Guardian or conservator appointed: A court-appointed conservator acquires authority over the POA under sec. 30.1-30-03 and may revoke or limit the agent's authority.
For help drafting or revoking a North Dakota power of attorney, see the North Dakota Court System's power of attorney self-help resources.
For a comparison of POA laws across all fifty states, see our national power of attorney laws guide.
This page is for general informational purposes only and does not constitute legal advice. North Dakota power of attorney laws can change; consult a licensed North Dakota attorney before creating or relying on any power of attorney document. Last reviewed: May 2026.
More North Dakota Laws
Frequently Asked Questions
Does a power of attorney need to be notarized in North Dakota?
North Dakota law does not require notarization for a basic financial power of attorney, but notarization is strongly recommended. Banks and other institutions commonly require it before honoring an agent's authority. If the agent will conduct real estate transactions, the POA must be notarized and recorded with the county recorder. Health care directives require either a notary or two qualified adult witnesses.
Is a power of attorney automatically durable in North Dakota?
No. Under N.D. Cent. Code sec. 30.1-30-01, a POA is durable only if it contains specific language stating that it survives the principal's incapacity. A POA without that language terminates when the principal becomes incapacitated. For estate planning, most attorneys recommend including the durability clause so the POA remains effective exactly when it is most needed.
Can the same document cover both financial and health care decisions in North Dakota?
No. Financial authority is governed by N.D. Cent. Code ch. 30.1-30, and health care authority is governed by ch. 23-06.5. These are separate legal instruments. Most North Dakotans create both a durable financial POA and a health care directive to ensure all decisions are covered.
Who cannot serve as a health care agent in North Dakota?
Under N.D. Cent. Code sec. 23-06.5-04, your health care provider, your long-term care provider, and non-relative employees of those providers generally cannot serve as your health care agent. You should choose a trusted family member or close friend who is not involved in your direct care.
What happens to a power of attorney when the principal dies?
All POA authority terminates at the principal's death. The agent has no legal authority to act on behalf of the deceased principal. Authority then passes to a personal representative appointed through the probate process. Third parties who act in good faith before learning of the death are protected under sec. 30.1-30-04.
How do you revoke a power of attorney in North Dakota?
The principal can revoke a financial POA at any time while competent, by delivering written notice to the agent and to any third parties relying on the document. Revocation should be notarized if the original was. For a health care directive, revocation can be written, oral (to a health care provider), or accomplished by signing a new directive, under sec. 23-06.5-07. If a spouse was named as health care agent, divorce automatically revokes that appointment unless the directive says otherwise (sec. 23-06.5-07(3)).
Does North Dakota honor a power of attorney signed in another state?
Yes, in most cases. Financial POAs validly executed in another state are generally accepted in North Dakota because the state's Uniform Durable Power of Attorney Act is consistent with similar laws nationwide. Health care directives from other states are accepted under the interstate reciprocity provision in sec. 23-06.5-11, provided the directive was valid under the law of the state where it was executed.
Updates
Added the automatic revocation of a divorced spouse's health-care-agent appointment, rebuilt the incomplete witness/notary disqualification list to match the full statute, and noted the statutory hard limits on a health care agent's authority over institutionalization, psychosurgery, abortion, and sterilization decisions.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
North Dakota Century Code
§ 23-06.5-03Health care directiveIn force
A principal may execute a health care directive. A health care directive may include one or more health care instructions to health care providers, others assisting with health care, family members, and a health care agent. A health care directive may include a power of attorney to appoint an agent to make health care decisions for the principal when the principal lacks the capacity to make health care decisions, unless otherwise specified in the health care directive. Subject to the provisions of this chapter and any express limitations set forth by the principal in the health care directive, the agent has the authority to make any and all health care decisions on the principal's behalf that the principal could make. After consultation with the attending physician and other health care providers, the agent shall make health care decisions: In accordance with the agent's knowledge of the principal's wishes and religious or moral beliefs, as stated orally, or as contained in the principal's health care directive; or If the principal's wishes are unknown, in accordance with the agent's assessment of the principal's best interests.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at ndlegis.gov
§ 23-06.5-04Restrictions on who can act as agentIn force
A person may not exercise the authority of agent while serving in one of the following capacities: The principal's health care provider; A nonrelative of the principal who is an employee of the principal's health care provider; The principal's long-term care services provider; or A nonrelative of the principal who is an employee of the principal's long-term care services provider.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at ndlegis.gov
§ 23-06.5-05Health care directive requirements - Execution and witnessesIn force
To be legally sufficient in this state, a health care directive must: Be in writing; Be dated; State the principal's name; Be executed by a principal with capacity to do so with the signature of the principal or with the signature of another person authorized by the principal to sign on behalf of the principal; Contain verification of the principal's signature or the signature of the person authorized by the principal to sign on behalf of the principal, either by a notary public or by witnesses as provided under this chapter; and Include a health care instruction or a power of attorney for health care, or both. A health care directive must be signed by the principal and that signature must be verified by a notary public or at least two or more subscribing witnesses who are at least eighteen years of age. A person notarizing the document may be an employee of a health care or long-term care provider providing direct care to the principal.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at ndlegis.gov
Cited in 1 court opinionsMost recently applied by a court: 2015
Leading cases: Runge v. Disciplinary Board of the North Dakota Supreme Court (North Dakota Supreme Court 2015, 858 N.W.2d 901)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 23-06.5-07RevocationIn force
A health care directive is revoked: By notification by the principal to the agent or a health care or long-term care services provider orally, or in writing, or by any other act evidencing a specific intent to revoke the directive; or By execution by the principal of a subsequent health care directive. A principal's health care or long-term care services provider who is informed of or provided with a revocation of a health care directive shall immediately record the revocation in the principal's medical record and notify the agent, if any, the attending physician, and staff responsible for the principal's care of the revocation. Unless otherwise provided in the health care directive, if the spouse is the principal's agent, the divorce of the principal and spouse revokes the appointment of the divorced spouse as the principal's agent.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at ndlegis.gov
§ 23-06.5-11ReciprocityIn force
This chapter does not limit the enforceability of a health care directive or similar instrument executed in another state or jurisdiction in compliance with the law of that state or jurisdiction.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at ndlegis.gov
§ 30.1-30-01(5-501) DefinitionIn force
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 and the writing 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 conferred is exercisable notwithstanding the principal's subsequent disability or incapacity, and, unless it states a time of termination, notwithstanding the lapse of time since the execution of the instrument.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at ndlegis.gov
Cited in 2 court opinionsMost recently applied by a court: 2008
Leading cases: Alerus Financial, N.A. v. Western State Bank (North Dakota Supreme Court 2008, 750 N.W.2d 412) · Cruzan Ex Rel. Cruzan v. Director, Missouri Department of Health (Supreme Court of the United States 1990, 497 U.S. 261)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 30.1-30-02(5-502) Durable power of attorney not affected by disability or lapse of timeIn force
All acts done by an attorney in fact pursuant to a durable power of attorney during any period of disability or incapacity of the principal have the same effect and inure to the benefit of and bind the principal and the principal's successors in interest as if the principal were competent and not disabled. Unless the instrument states a time of termination, the power is exercisable notwithstanding the lapse of time since the execution of the instrument.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at ndlegis.gov
Cited in 2 court opinionsMost recently applied by a court: 2012
Leading cases: Dahly v. Anderson (North Dakota Supreme Court 2012, 820 N.W.2d 719)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 30.1-30-03(5-503) Relation of attorney in fact to court-appointed fiduciaryIn force
If, following execution of a durable power of attorney, a court of the principal's domicile appoints a conservator, guardian of the estate, or other fiduciary charged with the management of all of the principal's property or all of the principal's property except specified exclusions, the attorney in fact is accountable to the fiduciary as well as to the principal. The fiduciary has the same power to revoke or amend the power of attorney that the principal would have had if the principal were not disabled or incapacitated. A principal may nominate, by a durable power of attorney, the conservator, guardian of the principal's estate, or guardian of the principal's person for consideration by the court if protective proceedings for the principal's person or estate are thereafter commenced. The court shall make its appointment in accordance with the principal's most recent nomination in a durable power of attorney except for good cause or disqualification.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at ndlegis.gov
§ 30.1-30-04(5-504) Power of attorney not revoked until noticeIn force
The death of a principal who has executed a written power of attorney, durable or otherwise, does not revoke or terminate the agency as to the attorney in fact or other person, who, without actual knowledge of the death of the principal, acts in good faith under the power. Any action so taken, unless otherwise invalid or unenforceable, binds the principal's successors in interest. The disability or incapacity of a principal who has previously executed a written power of attorney that is not a durable power does not revoke or terminate the agency as to the attorney in fact or other person, who, without actual knowledge of the disability or incapacity of the principal, acts in good faith under the power. Any action so taken, unless otherwise invalid or unenforceable, binds the principal and the principal's successors in interest.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at ndlegis.gov
§ 30.1-30-06Gifts under power of attorneyIn force
If any power of attorney, durable or otherwise, or other writing authorizes an attorney in fact or other agent to perform any act that the principal might or could do or evidences the principal's intent to give the attorney in fact or agent full power to handle the principal's affairs or deal with the principal's property, the attorney in fact or agent may make gifts. The gifts may be in any amount of any of the principal's property to any individual or to an organization described in sections 170(c) and 2522(a) of the Internal Revenue Code or corresponding future provisions of federal tax law, or both. Notwithstanding this section, a principal, by express words in the power of attorney or other writing, may authorize, or limit the authority of, any attorney in fact or other agent to make gifts of the principal's property. This section applies to a power of attorney executed before August 1, 1995, as well as a power of attorney executed after July 31, 1995.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at ndlegis.gov
Cited in 4 court opinionsMost recently applied by a court: 2015
Leading cases: Makedonsky v. North Dakota Department of Human Services (North Dakota Supreme Court 2008, 746 N.W.2d 185) · Estates of Vizenor and Vizenor v. Mesling (North Dakota Supreme Court 2014, 851 N.W.2d 119) · Bleick v. North Dakota Department of Human Services (North Dakota Supreme Court 2015, 861 N.W.2d 138)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Explore the law
This article also draws on these acts and chapters (opening at their first section): North Dakota Century Code § 23-06.5-01 (Statement of purpose)
Related law for further reading — not part of this article’s citations.
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Sources and References
- N.D. Cent. Code ch. 30.1-30: Uniform Durable Power of Attorney Act(ndlegis.gov)
- N.D. Cent. Code sec. 30.1-30-01: Definition(ndlegis.gov)
- N.D. Cent. Code sec. 30.1-30-02: Durable power of attorney not affected by disability or lapse of time(ndlegis.gov)
- N.D. Cent. Code sec. 30.1-30-03: Relation of attorney in fact to court-appointed fiduciary(ndlegis.gov)
- N.D. Cent. Code sec. 30.1-30-04: Power of attorney not revoked until notice(ndlegis.gov)
- N.D. Cent. Code sec. 30.1-30-06: Gifts under power of attorney(ndlegis.gov)
- N.D. Cent. Code ch. 23-06.5: Health Care Directives(ndlegis.gov)
- N.D. Cent. Code sec. 23-06.5-03: Health care directive(ndlegis.gov)
- N.D. Cent. Code sec. 23-06.5-04: Restrictions on who can act as agent(ndlegis.gov)
- N.D. Cent. Code sec. 23-06.5-05: Execution and witnesses requirements(ndlegis.gov)
- N.D. Cent. Code sec. 23-06.5-07: Revocation(ndlegis.gov)
- N.D. Cent. Code sec. 23-06.5-11: Reciprocity(ndlegis.gov)
- North Dakota Court System: Power of Attorney Self-Help Resources(ndcourts.gov)