How do I execute a durable power of attorney?

Executing a durable power of attorney in North Dakota requires both the decision maker (the principal) and the agent (the attorney-in-fact) to agree in writing to the arrangement. The document should include language that indicates that the principal has the capacity to make decisions and understands the consequences of assigning the agent to make decisions on their behalf. The document should state that the power of attorney is a durable power of attorney and that it will remain in effect even if the principal becomes incapacitated. The principal must sign the document in the presence of a notary public in order for it to be valid. The agent must do the same. The document should also be witnessed by two or more individuals who are not related to the principal or the agent. In North Dakota, only attorneys may serve as witnesses. Additionally, the principal should provide copies of the document to all parties involved. Once the document is executed, the agent has the power to make decisions for the principal with respect to financial matters, health care decisions, and legal matters. It is important to note that the power of attorney may be revoked at any time by the principal. If the principal becomes incapacitated, the durable power of attorney will remain in effect until the principal is deemed competent to revoke it.

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