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A ?durable? POA is simply a power of attorney that survives the incapacity of the Principal. While a Durable General Power of Attorney grants your Agent a considerable amount of legal authority to act on your behalf, it does not grant your Agent the authority to make medical or health care decisions on your behalf.
You can write a POA in two forms: general or limited. A general power of attorney allows the agent to make a wide range of decisions. This is your best option if you want to maximize the person's freedom to handle your assets and manage your care.
A North Dakota durable power of attorney form allows a person to choose someone else to handle and conduct financial affairs on their behalf. The powers handed over can be as trivial as paying bills to as serious as running the day-to-day operations of a business.
For most people, the best option is to have a general durable power of attorney because it gives your agent broad powers that will remain in effect if you lose the ability to handle your own finances. An attorney can customize a general POA to limit powers even more?or add powers, Berkley says.
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 ...
While North Dakota's power of attorney laws are silent on notarization, signing your POA in the presence of a notary public is very strongly recommended. Many financial institutions will not want to rely on a POA unless it has been notarized?a process that helps to authenticate the document.
To create a power of attorney, you need to complete the requisite form in which you decide who your agent will be and which powers to grant him or her. In North Dakota, you must have two witnesses or a notary sign the form, and the agent must sign the document as well. Read all North Dakota Power of Attorney Laws.