North Dakota § 30.1-30-03 (5-503) Relation of attorney in fact to court-appointed fiduciary

North Dakota Statutes

§ 30.1-30-03 — (5-503) Relation of attorney in fact to court-appointed fiduciary

North Dakota § 30.1-30-03

Title 30.1Uniform Probate Code

Ch. 30.1-30Uniform Durable Power of Attorney Act

This text of North Dakota § 30.1-30-03 ((5-503) Relation of attorney in fact to court-appointed fiduciary) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 30.1-30-03 (2026).

Text

1.If, following execution of a durable power of attorney, a court of the principal's domicile appoints a conservator, guardian of the estate, or other fiduciary charged with the management of all of the principal's property or all of the principal's property except specified exclusions, the attorney in fact is accountable to the fiduciary as well as to the principal. The fiduciary has the same power to revoke or amend the power of attorney that the principal would have had if the principal were not disabled or incapacitated.

2.A principal may nominate, by a durable power of attorney, the conservator, guardian of the principal's estate, or guardian of the principal's person for consideration by the court if protective proceedings for the principal's person or estate are thereafter commenc

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1. If, following execution of a durable power of attorney, a court of the principal's domicile
appoints a conservator, guardian of the estate, or other fiduciary charged with the
management of all of the principal's property or all of the principal's property except
specified exclusions, the attorney in fact is accountable to the fiduciary as well as to
the principal. The fiduciary has the same power to revoke or amend the power of
attorney that the principal would have had if the principal were not disabled or
incapacitated.
2. A principal may nominate, by a durable power of attorney, the conservator, guardian of
the principal's estate, or guardian of the principal's person for consideration by the
court if protective proceedings for the principal's person or estate are thereafter
commenced. The court shall make its appointment in accordance with the principal's
most recent nomination in a durable power of attorney except for good cause or
disqualification.