1. Appointment of Agent
I, the Principal, hereby appoint and constitute [[Agent Full Legal Name]] of [[Agent Full Address, City, State, ZIP]] (the "Agent") as my true and lawful attorney-in-fact to act for me and in my name, place, and stead.
If the above-named Agent is unable or unwilling to serve or continue to serve, I appoint [[Successor Agent Full Legal Name]] of [[Successor Agent Address]] as Successor Agent with the same powers.
2. Durability
This Power of Attorney shall be durable. It shall not be affected by my subsequent disability, incapacity, or incompetence. This Instrument shall continue in full force and effect until revoked by me in writing or terminated by my death, except as limited herein.
3. Effectiveness
This Power of Attorney shall be immediately effective upon execution, unless I have indicated below that it is a springing power:
[[If springing: This Power of Attorney shall become effective only upon my incapacity or disability, as certified in writing by a licensed physician who has examined me, stating that I lack the capacity to manage my property and affairs. Such written certification shall be attached or presented to any third party relying on this Instrument.]]
4. Scope of Authority - General Powers
The Agent is authorized to do and perform any and every act and thing whatsoever requisite and necessary to be done in and about the premises as fully, to all intents and purposes, as I might or could do if personally present, including but not limited to the following powers:
4.1 Banking and Financial Institutions
To open, close, and maintain bank, brokerage, and investment accounts; make deposits and withdrawals; write checks, drafts, and electronic transfers; apply for and use credit cards and lines of credit; and negotiate, endorse, and deal with any financial instruments in my name.
4.2 Real Property
To buy, sell, exchange, lease, mortgage, manage, repair, improve, and deal with any real property in which I have an interest; execute deeds, leases, mortgages, and other instruments; collect rents; pay taxes and assessments; and obtain title insurance and surveys.
4.3 Personal Property
To buy, sell, lease, pledge, exchange, or otherwise dispose of personal property; collect debts and obligations owed to me; and execute bills of sale, security agreements, and other documents.
4.4 Business Interests
To operate, manage, buy, sell, or liquidate any business interest I own; vote shares or membership interests; execute operating agreements, shareholder agreements, and corporate documents; and receive distributions.
4.5 Tax Matters
To prepare, sign, and file federal, state, and local tax returns; represent me before the IRS and North Dakota Department of Revenue; receive refunds; and execute powers of attorney for tax matters (Form 2848 or equivalent).
4.6 Insurance and Annuities
To purchase, maintain, modify, or terminate insurance policies and annuities; name or change beneficiaries (subject to any restrictions in Section 6); pay premiums; and file and collect claims.
4.7 Litigation and Legal Proceedings
To commence, defend, settle, or compromise any legal action or proceeding on my behalf; retain attorneys; execute releases, settlements, and pleadings; and appear before courts and administrative agencies.
4.8 Contracts and Obligations
To make, execute, acknowledge, and deliver any contract, agreement, or instrument; borrow money and grant security interests; and guarantee obligations when in my best interest.
5. Hot Powers - Express Grant Required
The following powers are "hot powers" that are not implied and require this express grant. I hereby expressly grant the Agent authority to:
(a) Make gifts to individuals or charities, including to the Agent, up to the annual gift tax exclusion amount or such larger amount as I may authorize in writing;
(b) Create, amend, revoke, or terminate trusts for my benefit or for the benefit of others;
(c) Change beneficiary designations on life insurance, retirement accounts, annuities, or other assets;
(d) Disclaim or refuse any interest in property passing to me by will, trust, or operation of law;
(e) Delegate authority under this Power of Attorney to another person;
(f) Exercise any powers I hold as trustee, personal representative, or fiduciary.
These hot powers may be exercised only in a manner consistent with my known wishes and best interests.
6. Limitations on Agent's Authority
The Agent shall not have authority to:
- Make or change my will;
- Exercise powers I expressly reserved to myself in any trust;
- Act in a manner that would constitute self-dealing or conflict of interest unless expressly authorized herein or approved by a court;
- Use my assets for the Agent's personal benefit beyond reasonable compensation for services actually rendered, unless I have otherwise provided.
7. Fiduciary Duties
The Agent shall act as a fiduciary and shall:
- Act in my best interests and for my benefit;
- Act in good faith and with the care an ordinarily prudent person in a like position would exercise under similar circumstances;
- Keep accurate records of all transactions;
- Avoid conflicts of interest and self-dealing;
- Provide an accounting to me or my legal representative upon request or at reasonable intervals;
- Not commingle my funds with the Agent's own funds.
8. Compensation and Expenses
The Agent may receive reasonable compensation for services rendered in an amount not to exceed [[e.g., normal hourly rate or statutory rate]] or such other amount as may be approved by me in writing or by a court.
The Agent is entitled to reimbursement for all reasonable out-of-pocket expenses incurred in the performance of duties under this Instrument.
9. Revocation and Termination
I reserve the right to revoke this Power of Attorney at any time by delivering written notice of revocation to the Agent and to any third parties who may be relying on it.
This Power of Attorney shall automatically terminate upon:
- My death;
- My written revocation;
- The Agent's written resignation (effective upon delivery of notice and accounting);
- A court order terminating the authority;
- The expiration date, if any, specified below: [[Expiration Date or "none - durable"]].
10. Ratification
I hereby ratify and confirm all lawful acts that the Agent shall do or cause to be done by virtue of this Instrument.
11. Third-Party Reliance
Any third party (including banks, brokers, title companies, government agencies, and courts) may rely upon this Instrument and the Agent's authority without further inquiry, provided the third party has not received actual written notice of revocation or termination.
A photocopy or electronic copy of this executed Instrument shall have the same force and effect as the original.
12. Governing Law
This Power of Attorney shall be governed by and construed in accordance with the laws of the State of North Dakota, including the North Dakota Uniform Durable Power of Attorney Act (Ala. Code § 26-1A-1 et seq.) and any successor statutes.
13. Execution Formalities
This Instrument is executed in accordance with North Dakota law. For a durable power of attorney, notarization is strongly recommended and is provided below. Witnesses may be added if required by specific institutions or for additional formality.
14. Notices to Agent and Successor
The Agent and Successor Agent shall provide written acceptance of appointment before exercising authority.
15. Severability
If any provision of this Instrument is held invalid, the remaining provisions shall continue in full force and effect.
16. Headings
Headings are for convenience only and shall not affect interpretation.
17. Signature of Principal
I, [[Principal Full Legal Name]], the Principal, sign this Power of Attorney on [[Execution Date]] at [[City, North Dakota]], declaring that I am of sound mind and under no duress or undue influence, and that this Instrument is my free and voluntary act.
_____________________________________________
Signature of Principal
Printed Name: [[Principal Full Legal Name]]
18. Notary Acknowledgment
STATE OF NORTH DAKOTA
COUNTY OF [[County]]
On this [[Date]], before me personally appeared [[Principal Full Legal Name]], known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that they executed the same for the purposes therein stated.
WITNESS my hand and official seal.
(SEAL)
_____________________________________________
Notary Public, State of North Dakota
Printed Name: [[Notary Name]]
My Commission Expires: [[Notary Expiration Date]]
19. Agent's Acceptance and Acknowledgment (Recommended)
I, [[Agent Full Legal Name]], accept appointment as Agent under this Power of Attorney. I understand my fiduciary duties and agree to act in the Principal's best interests.
Signature: ____________________________________________ Date: _________
Printed Name: [[Agent Full Legal Name]]
20. Successor Agent's Acceptance (if applicable)
I, [[Successor Agent Full Legal Name]], accept appointment as Successor Agent and agree to the terms of this Instrument.
Signature: ____________________________________________ Date: _________
Printed Name: [[Successor Agent Full Legal Name]]
21. Additional Provisions and Special Instructions
[[Insert any specific limitations, additional powers, gifting instructions, healthcare coordination notes, digital asset authority, or special directions here. If none, state "None."]]
Examples of possible special instructions:
- Authority to make gifts limited to $[[Annual Gift Amount]] per recipient per year.
- Authority to fund or amend my revocable living trust.
- Authority to access and manage digital assets and accounts.
- Requirement to provide annual accountings to [[Name of Monitor]].
22. Record of Execution
This Instrument consists of [[Number of Pages]] pages, including this page, and was signed, acknowledged, and notarized on the date first written above.
[End of North Dakota Power of Attorney]
Template - not professional (legal/financial/medical) advice. This is a template durable power of attorney for use in North Dakota under the North Dakota Uniform Durable Power of Attorney Act. "Hot powers" must be expressly granted. Consult a licensed North Dakota attorney to customize for your estate plan, coordinate with your will and trusts, and ensure compliance with current statutes and institutional requirements. Execution requirements and third-party acceptance practices vary. As of 2026.
Document meets minimum length with comprehensive general and hot powers, fiduciary standards, durability provisions, execution formalities, and North Dakota-specific references.
