Power of Attorney
Power of Attorney for an Adult (18 Years Old or Older)
A Power of Attorney is a document an adult may use to appoint a person to handle their financial or other decisions. The adult who signs and dates the Power of Attorney is the Principal. The person authorized to act on behalf of the Principal is the Attorney-in-Fact.
A Power of Attorney isn’t a court order and isn’t a guardianship or conservatorship.
The Principal may revoke the Power of Attorney at any time, as long as they’re legally competent. The revocation must be in writing.
Health decisions aren’t included in a Power of Attorney. There’s a different document for health care decisions called a Health Care Directive.
Any user of the forms or information is hereby advised that all forms and information are provided “as is.” The forms and information provided may be subject to errors or omissions. The ND Legal Self Help Center isn’t responsible for any consequences that may result.
Power of Attorney for a Minor Child (Less than 18 Years Old)
A Power of Attorney is a document that allows a parent or legal guardian to delegate any of their authority regarding the care, custody, or property of their minor child to another person. However, the parent or legal guardian can’t delegate their power to consent to their minor child’s adoption or marriage.
A Power of Attorney isn’t a court order and isn’t a guardianship or conservatorship. A Power of Attorney can’t last more than 6 months. Medical providers, insurance companies, schools, government agencies, etc., may not accept a Power of Attorney.
The parent or legal guardian who delegated their authority with a Power of Attorney may revoke the Power of Attorney at any time. The revocation should be in writing.
- Power of Attorney, Guardianship & Adoption Comparison Chart
- Power of Attorney Minor Child
- Revocation of Power of Attorney
Selected Statutes (Laws) & Rules
- North Dakota Century Code Chapter 30.1-30: Uniform Durable Power of Attorney Act
- North Dakota Century Code Section 30.1-26-04: Delegation of Powers by Parent or Guardian
Other Resources
Following are other resources that may be of interest:
- Conservatorship of Adults & Minor Children
- Guardianship of Adults
- Guardianship of Minor Children
- Health Care Directives
If you don’t understand any of this information, or if you have trouble filling out any of the forms located here, consult a lawyer.
The information provided on and obtained from this site doesn’t constitute the official record of the Court. This information is provided as a service to the general public. Any user of this information is hereby advised that it is being provided "as is". The information provided may be subject to errors or omissions. Visitors to this site agree that the Court isn’t liable for errors or omissions of any of the information provided.
If you have a question relating to a case that is already filed contact the clerk of court for the county.