How to revoke a power of attorney in North Dakota

What North Dakota law says about revoking a power of attorney, and a free letter you can fill in and print.

Checked against official sources: October 31, 2026.

Short answer

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 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.

Words used in North Dakota

In North Dakota you name an attorney in fact for money and property in a durable power of attorney, and a health care agent and your treatment instructions in a health care directive. If you have no directive, the law lists who may consent to health care for you. If an adult is incapacitated and no alternative resource plan will work, a district court can appoint a guardian; a conservator manages property.

An agent (also called an attorney-in-fact) is the person you choose to act for you. You are the principal.

Money and property
Durable power of attorney
The person you choose
Attorney in fact
Health care
Health care directive (can include a power of attorney for health care naming a health care agent)
Treatment wishes
Health care instructions (part of the health care directive)
Court-appointed decision-maker
Guardian of an incapacitated person (full or limited authority); emergency guardian; conservator for property

What North Dakota law says about revoking a power of attorney

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, 30.1-30-04, 30.1-30-05, 47-19-44

Source: Official text

Free letter: revoke a power of attorney

The date on the document you signed. If you are not sure, use your best estimate.

These names go into your letter only. They are never saved or sent to us.

Other formats

Sign the letter and keep a copy. This tool does not check whether your document is valid, and it is not legal advice.

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)

Law: N.D.C.C. §§ 3-01-11, 30.1-30-01, 30.1-30-03, 30.1-30-04

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).

Free help in North Dakota

Report abuse or exploitation

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

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