Power of Attorney Acceptance and Refusal Rules in North Dakota

At a glance

Requirements one by one

The durable-power chapter

A durable power under chapter 30.1-30 is a written power containing the stated durability language or similar words (§ 30.1-30-01). The chapter gives acts performed during incapacity the same effect they would have had while the principal was competent (§ 30.1-30-02), and protects certain good-faith acts taken without actual knowledge of death or incapacity (§ 30.1-30-04).

The chapter also makes a qualifying agent affidavit conclusive proof of nonrevocation or nontermination for acts taken in good-faith reliance (§ 30.1-30-05). It does not turn that affidavit into a mandatory request step for a recipient, or set an acceptance clock, written refusal, listed refusal grounds, or a refusal-specific order and fee remedy.

Common questions

Does the affidavit start a response deadline? Section 30.1-30-05 gives a qualifying affidavit an evidentiary effect. The chapter states no later recipient-response clock.

Does the durable-power chapter require a written rejection? Its six sections do not specify one.

Statutes and sources

Current North Dakota Century Code chapter 30.1-30, accessed October 4, 2026.

N.D.C.C. § 30.1-30-01. “30.1-30-01. (5-501) Definition. 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.” Official chapter PDF (accessed October 4, 2026).

N.D.C.C. § 30.1-30-02. “30.1-30-02. (5-502) Durable power of attorney not affected by disability or lapse of time. All acts done by an attorney in fact pursuant to a durable power of attorney during any period of disability or incapacity of the principal have the same effect and inure to the benefit of and bind the principal and the principal's successors in interest as if the principal were competent and not disabled. Unless the instrument states a time of termination, the power is exercisable notwithstanding the lapse of time since the execution of the instrument.” Official chapter PDF (accessed October 4, 2026).

N.D.C.C. § 30.1-30-04. “30.1-30-04. (5-504) Power of attorney not revoked until notice. 1. The death of a principal who has executed a written power of attorney, durable or otherwise, does not revoke or terminate the agency as to the attorney in fact or other person, who, without actual knowledge of the death of the principal, acts in good faith under the power. Any action so taken, unless otherwise invalid or unenforceable, binds the principal's successors in interest. 2. The disability or incapacity of a principal who has previously executed a written power of attorney that is not a durable power does not revoke or terminate the agency as to the attorney in fact or other person, who, without actual knowledge of the disability or incapacity of the principal, acts in good faith under the power. Any action so taken, unless otherwise invalid or unenforceable, binds the principal and the principal's successors in interest.” Official chapter PDF (accessed October 4, 2026).

N.D.C.C. § 30.1-30-05. “30.1-30-05. (5-505) Proof of continuance of durable and other powers of attorney by 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.” Official chapter PDF (accessed October 4, 2026).