North Dakota Power of Attorney

If you are currently working with a North Dakota estate planning attorney you are probably aware of the many uses for powers of attorney. You probably have several of them in your estate plan. You are likely to have a springing durable financial power of attorney and a springing durable medical power of attorney. You may also have a general North Dakota power of attorney with your spouse named as the attorney-in-fact.

In North Dakota, the person you grant powers to is called an attorney-in-fact. This person does not need to be an attorney but should be someone you trust. In your estate plan your powers of attorney will probably have your spouse listed as the attorney-in-fact. If you ever get divorced be sure and void these documents because a ND power of attorney remains in effect until you make a change.

Durable powers of attorney belong in your estate plan because they are granting powers that will take care of you if you are ever mentally incapacitated. Non-durable powers of attorney become invalid at this time, it is the durable ones that will stay in effect and take care of you. A durable medical power of attorney and a durable financial power of attorney both have a place in your estate plan. These two documents could essentially take care of all your needs at any time you were mentally unable to. It is possible to write these powers in such a way that they only become effective once you have been declared mentally incompetent. This could be from an accident, an illness or just old age. A springing durable power of attorney stays invalid until a doctor says it is needed.

Normal powers of attorney are non-durable, they are effective immediately and are void if you ever become mentally incapacitated. These normal, non-durable powers of attorney have many uses in our daily lives. A general power of attorney grants an unlimited range of power and might be used in several different ways. If you are planning a trip out of the country you might leave one with a trusted family member. Any emergency could be handled as well as events you new were going to take place, like a real estate closing. This person could also open your mail and pay your bills. If you have dual residence, leaving one with a neighbor in each state might come in handy in any number of ways.

Another type of non-durable power of attorney are the special, or limited ones. A North Dakota vehicle power of attorney allows another person to sign a title for you if you are unable to. A North Dakota real estate power of attorney allows someone to sell property for you. A limited North Dakota power of attorney can be used for just about anything where you signature is needed. These forms are easily available at Legal Zoom and do not need the expense of an attorney to fill out and use.

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