What is a power of attorney?

A power of attorney (POA) is a legal document that grants someone else the authority to act on your behalf in certain specified matters. It is a common tool used in guardianship law in North Dakota and other states. A POA gives someone else the authority to make decisions for you, either for a specific purpose (such as signing documents or closing a real estate transaction) or for general decision-making purposes. Anyone 18 or older (unless restricted in the document) can grant a POA. A POA can be either durable or non-durable. A durable POA is irrevocable and stays in effect even if the person granting it becomes incapacitated. A non-durable POA is revocable and usually terminates if the person granting it becomes incapacitated. A POA is different from someone taking guardianship of a person in North Dakota. Guardianship is a court-supervised process whereby a guardian is appointed to manage the affairs of an incapacitated adult or minor. The guardian has the duty to act in the best interests of the person in need of guardianship. A POA, however, is typically granted to someone who does not necessarily need to be approved by the court. It is used to ensure that someone can take care of certain matters for a person, such as paying bills, managing investments, signing documents, and more.

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What is a power of attorney?

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