Limited Power of Attorney - North Dakota

LIMITED POWER OF ATTORNEY (NORTH DAKOTA)

Before you use this: Identify one transaction, every permitted act, the property, amount limit, and end date before signing. A land-related power should be acknowledged so that a recordable instrument can be submitted to the county recorder.

1. Principal and attorney in fact

I, [PRINCIPAL FULL LEGAL NAME], of [ADDRESS], appoint [ATTORNEY-IN-FACT FULL LEGAL NAME], of [ADDRESS], as my special agent only for the transaction described below.

2. Exact authority granted

Transaction and counterparty: [DESCRIBE THE SINGLE TRANSACTION AND OTHER PARTY]

Acts the attorney in fact may perform and documents that person may sign: [LIST EACH ACT AND DOCUMENT]

Property, account, or asset: [IDENTIFY EXACTLY; FOR LAND ATTACH ITS LEGAL DESCRIPTION]

Maximum amount the attorney in fact may pay, receive, or commit: $[AMOUNT / NONE]

Additional conditions: [STATE CONDITIONS / NONE]

The attorney in fact may obtain information and communicate with the identified counterparty only as needed to perform the listed acts. A blank act or property description grants no authority. No general authority over another transaction or asset is granted. The attorney in fact may not transfer or encumber land unless that precise act and parcel are stated above.

3. Powers withheld

The attorney in fact may not make any gift or loan of my property, including to the attorney in fact; create, amend, revoke, or fund a trust; change a beneficiary or survivorship interest; disclaim property; exercise a power of appointment; delegate this authority; make health-care decisions; or make or change my will. This express exclusion of gifts limits any authority that might otherwise arise under N.D.C.C. § 30.1-30-06. Any otherwise permissible delegation under § 3-02-13 is also forbidden by this instrument.

4. Durability and end

My later disability or incapacity does not end this power of attorney. It takes effect when I sign it. It ends when the stated transaction is completed or, if earlier, at [TIME] on [EXPIRATION DATE]. I may revoke it sooner. I will notify the attorney in fact and affected third parties of a revocation or termination. The attorney in fact must stop acting upon learning that authority has ended.

This instrument does not revoke an earlier power unless I identify it here for revocation: [EARLIER POWER TO REVOKE / NONE].

5. Attorney in fact's duties

The attorney in fact must stay within the authority actually granted and use ordinary diligence to keep me informed of acts under this power. The attorney in fact shall keep records of receipts, disbursements, and transaction documents and provide them to me on request.

6. Principal's signature

I sign this limited power of attorney on [__/__/____] at [CITY, STATE].

Principal's signature: ____________________________________

Printed name: [PRINCIPAL FULL LEGAL NAME]

7. Acknowledgment

State of [STATE], County of [COUNTY]. This document was acknowledged before me on [__/__/____] by [PRINCIPAL FULL LEGAL NAME].

Notary public or other authorized officer: ______________________________

Printed name: [NAME] Official seal: [SEAL]

Commission expires: [__/__/____]

8. Attorney in fact's receipt (optional)

I acknowledge receipt and will act only within this power's limits.

Attorney in fact's signature: ____________________________________ Date: [__/__/____]

9. Land-recording instruction

If this power affects North Dakota real property, coordinate recording with the recorder of the county where the land is situated. N.D.C.C. § 47-19-03 generally requires an individual's execution to be acknowledged before a recordable instrument is accepted; § 47-19-07 identifies the county. Supply the full legal description and confirm the receiving recorder's format before the attorney in fact signs a recordable instrument.

Sources and References

• North Dakota Legislative Council, Century Code chapter 30.1-30, chapter 3-01, and chapter 3-02.
• North Dakota Legislative Council, Century Code chapter 47-19.