North Dakota § 30.1-30-05 (5-505) Proof of continuance of durable and other powers of attorney by affidavit

North Dakota Statutes

§ 30.1-30-05 — (5-505) Proof of continuance of durable and other powers of attorney by affidavit

North Dakota § 30.1-30-05

Title 30.1Uniform Probate Code

Ch. 30.1-30Uniform Durable Power of Attorney Act

This text of North Dakota § 30.1-30-05 ((5-505) Proof of continuance of durable and other powers of attorney by affidavit) 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 § 30.1-30-05 (2026).

Text

affidavit.
As to acts undertaken in good faith reliance thereon, an affidavit executed by the attorney in
fact under a power of attorney, durable or otherwise, stating that the attorney in fact did not have
at the time of exercise of the power actual knowledge of the termination of the power by
revocation or of the principal's death, disability, or incapacity is conclusive proof of the

nonrevocation or nontermination of the power at that time. If the exercise of the power of
attorney requires execution and delivery of any instrument that is recordable, the affidavit when
authenticated for record is likewise recordable. This section does not affect any provision in a
power of attorney for its termination by expiration of time or occurrence of an event other than
express revocation or a cha

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affidavit.
As to acts undertaken in good faith reliance thereon, an affidavit executed by the attorney in
fact under a power of attorney, durable or otherwise, stating that the attorney in fact did not have
at the time of exercise of the power actual knowledge of the termination of the power by
revocation or of the principal's death, disability, or incapacity is conclusive proof of the

nonrevocation or nontermination of the power at that time. If the exercise of the power of
attorney requires execution and delivery of any instrument that is recordable, the affidavit when
authenticated for record is likewise recordable. This section does not affect any provision in a
power of attorney for its termination by expiration of time or occurrence of an event other than
express revocation or a change in the principal's capacity.