North Dakota Durable Power of Attorney Form

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A North Dakota Durable Power of Attorney Form is used when the Principal wishes to ensure that the Attorney-in-Fact will retain their powers after the Principal has been declared incapable of making their own decisions. There are a variety of situations that might cause a Principal to be considered incapacitated, but this must be declared by a doctor.

This agreement is generally Springing, IE it will need to go into effect once the Principal has been incapacitated. Unlike in many states, in North Dakota under a Durable Power of Attorney, if the Principal and Attorney-in-Fact are spouses and get a divorce, this agreement will not automatically be terminated. Therefore, after a divorce, it is recommended that the Principal revoke their agreement, unless they wish their former spouse to retain their powers.