North Dakota § 30.1-30-01 (5-501) Definition

North Dakota Statutes

§ 30.1-30-01 — (5-501) Definition

North Dakota·Title 30.1 Uniform Probate Code·Ch. 30.1-30 Uniform Durable Power of Attorney Act

A durable power of attorney is a power of attorney by which a principal designates another
as the principal's attorney in fact in writing and the writing contains the words "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 the intent of the principal that the authority conferred is
exercisable notwithstanding the principal's subsequent disability or incapacity, and, unless it
states a time of termination, notwithstanding the lapse of time since the execution of the
instrument.

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A durable power of attorney is a power of attorney by which a principal designates another
as the principal's attorney in fact in writing and the writing contains the words "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 the intent of the principal that the authority conferred is
exercisable notwithstanding the principal's subsequent disability or incapacity, and, unless it
states a time of termination, notwithstanding the lapse of time since the execution of the
instrument.

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