How do I obtain durable power of attorney?
In North Dakota, obtaining durable power of attorney requires that you complete a form known as a Power of Attorney Declaration (Form 14). This form must be signed in the presence of two witnesses. The witnesses must sign the form as well. Once you’ve completed the form, you must also have it notarized. For this step, you can take it to any authorized notary in the state of North Dakota. The notary will need to witness your signature and will make sure that all of the information is correct. Once your Power of Attorney Declaration is completed, you must give it to the person you have chosen to handle your durable power of attorney (the agent). You will also need to give a copy to your attorney, doctor, and any other caretakers that may be involved in your life. Your durable power of attorney will not take effect until you become mentally incapacitated. If you become incapacitated, the durable power of attorney goes into effect and will remain in effect until you become mentally competent again. It is important to note that you can choose to revoke your durable power of attorney at any time. If you make a change, you must notify your attorney and other caretakers of the change. Also, if you revoke your durable power of attorney, you must destroy the Power of Attorney Declaration form.
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