Power of attorney, health care directive and guardianship in North Dakota

Financial power of attorney in North Dakota

Law and official form

Law

Uniform Durable Power of Attorney Act

Uniform Power of Attorney Act

No

Official form

General Durable Power of Attorney (ND Legal Self Help Center form, with instructions)Published by North Dakota Court System, Legal Self Help Center

You do not have to use it.

This is a court self-help form, not a form set by statute. Its instructions say the principal must sign and date it in the presence of a notary public or clerk of court. The form revision is 'Rev Nov 2025'.

Law: N.D.C.C. ch. 30.1-30

Signing rules

How to sign

North Dakota law requires a durable power of attorney to be in writing and to contain words showing it continues if you become disabled or incapacitated. The Century Code does not require a notary or witnesses for it to be valid. To record a power of attorney with the county recorder (for example, for real estate), your signature must be acknowledged before a notary. The court system's self-help power of attorney form is signed in front of a notary public or clerk of court.

Who signs

A written power of attorney signed by you (the principal).

Notary

Not required

Witnesses

None required

Law: N.D.C.C. §§ 30.1-30-01, 3-02-06, 47-19-03

Durable and springing

Is it durable?

A power of attorney is durable only if it contains words such as '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 becomes effective upon the disability or incapacity of the principal', or similar words showing that intent.

Law: N.D.C.C. 30.1-30-01

Durable unless it says otherwise?

No: it continues after incapacity only if it says so.

Starting later (springing)

A durable power of attorney can say it 'becomes effective upon the disability or incapacity of the principal'. The attorney in fact's affidavit that the power has not ended is conclusive proof for people who rely on it in good faith.

Law: N.D.C.C. 30.1-30-01; N.D.C.C. 30.1-30-05

Agent duties, pay and court review

Asking a court to review an agent

If a conservator or guardian of your estate is appointed, the attorney in fact must account to them as well as to you.

Law: N.D.C.C. 30.1-30-03

When it ends and how to revoke it

It ends when

• You revoke it
• You die (people who act in good faith without knowing of your death are protected)
• You become disabled or incapacitated, if it is not durable
• A time of termination stated in it
• The attorney in fact dies, renounces (resigns) or becomes unable to act
• A conservator or guardian of the estate revokes or amends it (they have the same power you would have)

How to revoke

You can revoke your power of attorney at any time while you are legally competent. The court system's self-help page says the revocation must be in writing, and the Legal Self Help Center has a Revocation of General Durable Power of Attorney form that you sign and give to your attorney in fact. If a power to convey or sign documents affecting real property was recorded, the revocation is effective only when the revocation is also acknowledged and recorded in the same county recorder's office.

Law: N.D.C.C. 47-19-44

Telling others

An agency ends as to every person who has notice of the revocation. An attorney in fact or other person who acts in good faith without actual knowledge of the revocation is protected; the attorney in fact's affidavit is conclusive proof for good-faith reliance.

Law: N.D.C.C. 3-01-11; N.D.C.C. 30.1-30-04, 30.1-30-05

If it was recorded

A recorded power to convey or sign documents affecting real property is not revoked until a revocation, acknowledged before a notary, is recorded in the same recorder's office where the power of attorney was recorded.

Law: N.D.C.C. 47-19-44

Law: N.D.C.C. §§ 3-01-11, 30.1-30-01, 30.1-30-03, 30.1-30-04; N.D.C.C. §§ 3-01-11, 30.1-30-04, 30.1-30-05, 47-19-44

Banks, other states and real estate

Real estate

A power of attorney can be recorded only if your signature is acknowledged; it is recorded with the recorder of the county where the real property is located. If using the power requires signing a recordable document, the attorney in fact's affidavit of non-revocation, when authenticated for record, can also be recorded.

Law: N.D.C.C. 47-19-03; N.D.C.C. 47-19-07; N.D.C.C. 30.1-30-05

Health care directive in North Dakota

The document and its form

Document

Health care directive

Official form

Health Care Directive - optional form (N.D.C.C. 23-06.5-17)Published by North Dakota Legislative BranchVersion: Statutory optional form, N.D.C.C. 23-06.5-17 (current Century Code)

You do not have to use it.

Living will

Health care instructions (in the health care directive)

Part of the directive.

Your treatment instructions, for example about life-prolonging treatment or artificially administered nutrition and hydration, go in the health care directive, with or without naming an agent. The same signing rule applies.

Law: N.D.C.C. §§ 23-06.5-16, 23-06.5-17; N.D.C.C. §§ 23-06.5-03, 23-06.5-05.1

Signing rules

How to sign

Sign and date the health care directive and have the signature verified either by a notary public or by two qualified adult witnesses. It must include a health care instruction, a power of attorney for health care, or both.

Who signs

In writing, dated, stating your name, and signed by you (or by another person in your presence at your express direction if you cannot sign).

Notary

A notary or witnesses (your choice)

Witnesses

2 (instead of a notary)

Who cannot witness

Your signature must be verified by a notary public or by at least two witnesses age 18 or older. At least one witness must not be a health care or long-term care provider giving you direct care, or such a provider's employee, on the day you sign. The notary or any witness cannot be your agent, your spouse or heir, a relative by blood, marriage or adoption, someone entitled to part of your estate, someone with a claim against your estate, a person directly financially responsible for your medical care, or your attending physician. A notary may be an employee of a health care or long-term care provider giving you direct care.

Law: N.D.C.C. § 23-06.5-05

Who can be your agent and what the agent can do

Who cannot be your agent

These people cannot act as your health care agent while serving in that role: your health care provider, a nonrelative employee of your health care provider, your long-term care services provider, or a nonrelative employee of your long-term care services provider.

Law: N.D.C.C. 23-06.5-04

When the agent starts

The directive and the agent's authority are in effect only when your attending physician, psychiatrist or psychologist certifies in writing in your medical record that you lack capacity, and stop when you recover capacity. You can choose to let your agent decide even while you have capacity.

Law: N.D.C.C. 23-06.5-03(3), (4)

Decisions an agent cannot make

An agent cannot consent to admission to a mental health facility or state institution for more than 45 days without a mental health proceeding or court order, or to psychosurgery, abortion or sterilization unless first approved by a court. Directives that withhold care do not apply to emergency treatment before reaching a hospital.

Law: N.D.C.C. 23-06.5-03(6); N.D.C.C. 23-06.5-13(13)

Revoking and conflicting documents

Revoking your agent

A health care directive is revoked when you tell your agent or a health care or long-term care provider, orally or in writing, or by any other act showing a specific intent to revoke, or when you sign a later health care directive.

Law: N.D.C.C. 23-06.5-07(1)

Revoking your instructions

The same rule covers the whole directive.

Law: N.D.C.C. 23-06.5-07(1)

Telling others

A provider who learns of a revocation must immediately record it in your medical record and notify your agent, attending physician and care staff.

Law: N.D.C.C. 23-06.5-07(2)

Divorce ends a spouse's authority

Yes · Divorce rules in North Dakota (Divorce Law Map)

Conflicting documents

If health care directives conflict, the one signed later controls. Unless a court decides otherwise, your health care agent's appointment takes precedence over a guardian's medical decision authority.

Law: N.D.C.C. 23-06.5-13(2); N.D.C.C. 23-06.5-13(1), 30.1-28-04(6)

Law: N.D.C.C. § 23-06.5-07

If you have no directive

Who decides without a directive

Unless a court decides otherwise, people in these classes, in this order, can give informed consent for an incapacitated adult whose attending physician, psychiatrist or psychologist has certified incapacity. The provider must try to reach the highest class first; a lower class cannot consent if a higher-priority person refused. The person must first decide in good faith whether you would consent, and otherwise decide based on your best interests.

1. A health care agent under a health care directive (or similar out-of-state instrument)
2. A court-appointed guardian or custodian
3. Your spouse who has maintained significant contact with you
4. An adult child who has maintained significant contact with you
5. A parent, including a stepparent who has maintained significant contact with you
6. An adult sibling who has maintained significant contact with you
7. A grandparent who has maintained significant contact with you
8. An adult grandchild who has maintained significant contact with you
9. An adult close relative or friend who has maintained significant contact with you
10. An interdisciplinary team of at least three health care professionals

Law: N.D.C.C. § 23-12-13

Other states, registry and medical orders

Signed in another state

Chapter 23-06.5 does not limit the enforceability of a health care directive or similar instrument made in another state under that state's law.

Law: N.D.C.C. 23-06.5-11

Guardianship and conservatorship in North Dakota

What guardianship or conservatorship is

What it is called

Guardian of an incapacitated person (no, general or limited authority in each decision area); emergency guardian; conservator of the estate

When a court may appoint one

An 'incapacitated person' is an adult impaired by mental illness, mental deficiency, physical illness or disability, or chemical dependency to the extent they lack capacity to make or communicate responsible decisions about residence, education, medical treatment, legal affairs, vocation, finance or other matters, or whose incapacity endangers their health or safety. Age, eccentricity, poverty or a diagnosis alone are not enough. The court must find by clear and convincing evidence that the person is incapacitated, that no suitable alternative resource plan exists, that guardianship is necessary, and that the powers given are the least restrictive form of intervention. It must consider existing durable powers of attorney and health care directives.

Law: N.D.C.C. 30.1-01-06; N.D.C.C. 30.1-28-04

Kinds

• Guardian with general or limited authority in each area (residential, educational, medical, legal, vocational, financial)
• Emergency guardian (up to 90 days, one extension of up to 90 days)
• Conservator (property)

Law: N.D.C.C. §§ 30.1-01-06, 30.1-28-03, 30.1-28-04, 30.1-28-10.1, 30.1-28-11, 30.1-29-01

Who can ask, which court and your own choice

Who may ask

Any person interested in the welfare of the allegedly incapacitated person.

Law: N.D.C.C. 30.1-28-03(1)

Court

State district court (county of the ward's residence or presence).

Choosing your own

You can nominate your conservator or guardian of your estate or person in a durable power of attorney; the court must follow your most recent nomination except for good cause or disqualification.

Law: N.D.C.C. 30.1-30-03(2)

Effect on a power of attorney

If a conservator or guardian of the estate is appointed, the attorney in fact is accountable to them and they can revoke or amend the power of attorney as you could. A health care agent's authority takes precedence over a guardian's medical authority unless a court decides otherwise.

Law: N.D.C.C. 30.1-30-03(1); N.D.C.C. 30.1-28-04(6)

Cost, fee waiver and forms

Filing fee

$160.00 filing fee to file a petition to appoint a guardian. No filing fee may be required when the petition is filed by a member of the person's individual treatment plan team or a state employee on official duty.

Law: N.D.C.C. 30.1-28-03(1)

Source: ND Legal Self Help Center instructions, rev. Aug. 2025

Fee waiver

File a request to waive filing fees (ND Legal Self Help Center 'Filing Fee Waiver Request' forms). The state Office of Guardianship and Conservatorship runs a Guardianship Establishment Program that can help pay to establish a guardianship; you must apply before filing the petition.

Forms

• Instructions for Establishing Adult Guardianship
• Petition for Appointment of a Guardian
• Confidential Information Form
• Notice of Hearing and Statement of Rights
• Order for Appointment of Guardian Ad Litem
• Findings of Fact and Order Appointing Guardian/Co-Guardians
• Letters of Guardianship
• Petition for Appointment of Emergency Guardian

Steps

Steps

Other options and where to report abuse

Supported decision-making

Supported Decisionmaking Agreements

Effective Enacted 2019 (House Bill 1378)

A trusted adult agrees to help a person make informed, voluntary decisions in areas such as health care, residence, finances, education, legal affairs and work, instead of guardianship or conservatorship. The person can end it by telling the supporter orally, in writing, with an assistive device or by other clear act; a supporter can resign in writing. It ends as to a supporter convicted of abuse, neglect or exploitation of the person or subject to a restraining order. Third persons who rely on it in good faith are protected.

A written, signed and dated agreement; a notary public or two qualified witnesses must verify the signatures in writing. A witness must be 18 or older, competent, not a party, not an employee or agent of a supporter, and not a creditor of the person.

Source: Official text

Less restrictive options

• Power of attorney: The court page lists a power of attorney among alternatives to adult guardianship.
• Health care directive: Names a health care agent and states treatment wishes.
• Representative payee: A payee manages Social Security benefits.
• Aging & Disability Resource Link: State resource line for services that may make guardianship unnecessary.
• Supported decisionmaking agreement: A trusted adult helps the person make their own decisions.

Report abuse or exploitation

North Dakota Health and Human Services - Vulnerable Adult Protective Services · 1-855-462-5465

Call or text the Eldercare Locator to find your local adult protective services: 1-800-677-1116 · eldercare.acl.gov

Law: N.D.C.C. §§ 30.1-36-01, 30.1-36-05, 30.1-36-07, 30.1-36-08

Good to know in North Dakota

• North Dakota still uses the older Uniform Durable Power of Attorney Act: a power of attorney is durable only if it says so.

  Law: N.D.C.C. 30.1-30-01

• If a power of attorney gives the attorney in fact full power over your affairs, the attorney in fact may make gifts in any amount unless the document limits that.

  Law: N.D.C.C. 30.1-30-06

• Witnesses and the notary for a health care directive cannot be your relatives, heirs, creditors or attending physician.

  Law: N.D.C.C. 23-06.5-05

• Adult guardianship orders last up to five years and must be reviewed before renewal.

  Law: N.D.C.C. 30.1-28-04(5)

Changes in 2024–2026

Session Laws 2025, chapter 318 repealed N.D.C.C. 30.1-26-01 (guardianship definitions) and amended chapter 30.1-28; the definition of 'incapacitated person' is in N.D.C.C. 30.1-01-06(25).

Questions about powers of attorney in North Dakota