§ 30.1-30-06 — Gifts under power of attorney

North Dakota § 30.1-30-06

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

Text

If any power of attorney, durable or otherwise, or other writing authorizes an attorney in fact
or other agent to perform any act that the principal might or could do or evidences the principal's
intent to give the attorney in fact or agent full power to handle the principal's affairs or deal with
the principal's property, the attorney in fact or agent may make gifts. The gifts may be in any
amount of any of the principal's property to any individual or to an organization described in
sections 170(c) and 2522(a) of the Internal Revenue Code or corresponding future provisions of
federal tax law, or both. Notwithstanding this section, a principal, by express words in the power
of attorney or other writing, may authorize, or limit the authority of, any attorney in fact or other
agent to make gifts of the principal's property. This section applies to a power of attorney
executed before August 1, 1995, as well as a power of attorney executed after July 31, 1995.