What is a durable power of attorney?
A durable power of attorney (DPOA) is a legal document that allows an individual, known as the principal or grantor, to designate another person, known as the attorney-in-fact or agent, to act on their behalf in certain situations. In North Dakota, the principal can use the DPOA to grant the authority to make decisions about their healthcare, property, or finances. The document is considered “durable” because it allows the agent to continue to make decisions on the principal’s behalf even if the principal becomes incapacitated and cannot make decisions for themselves. The DPOA document must be carefully drafted to ensure that it meets the requirements under North Dakota’s inheritance laws. The principal must name an agent who is at least 18 years old and who is not a creditor or potential beneficiary of the principal’s estate. The principal also has to specify the type of powers that the agent will have and for how long the powers will last. Finally, the document must be signed by the principal and a witness and notarized in order for it to be legally binding. Once the DPOA is in place, the agent will be able to make decisions about the principal’s healthcare, finances, and property. The agent should act in the principal’s best interest and must always keep accurate and up-to-date records of their actions. If the principal does not want the document to remain in effect after they become incapacitated, they can include a “springing” clause in the document that will revoke the DPOA in that case.
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