Free North Dakota Real Estate Power of Attorney Form Template

A North Dakota real estate power of attorney form appoints an attorney in fact to handle real property for you. Chapter 30.1-30 of the North Dakota Century Code covers durable powers, and Chapter 47-19 covers recording instruments affecting real property.

Two chapters shape a real estate power.

Durable Only With the Right Words

Under section 30.1-30-01, a power of attorney is durable only if it contains words showing it continues despite the principal’s later disability or incapacity.

Instruments Affecting Real Property

Chapter 47-19 governs recording instruments that affect title to or possession of real property, including acknowledgment certificates.

An Attorney-in-Fact Acknowledgment Form

Section 47-19-29 sets a certificate of acknowledgment for an attorney in fact who signs an instrument on the principal’s behalf.

Revoking a Recorded Power

Under section 47-19-44, a recorded power to convey or execute instruments affecting real property isn’t revoked unless the revocation is acknowledged or proved, certified, and recorded in the same office.

Chapter 30.1-30 doesn’t require it for validity. But Chapter 47-19 governs recording instruments that affect real property, and a recorded power has its own revocation rule.

If you record the power, a later revocation must be acknowledged or proved, certified, and recorded in the same office under section 47-19-44.

Tip: If your North Dakota real estate power of attorney form will be recorded, acknowledge it before a notary when you sign it.

Keep it specific:

1. Name yourself as principal and your attorney in fact.
2. Identify the property and the powers you grant.
3. Add durable wording if you want it to survive incapacity.
4. Sign the document.
5. Acknowledge it before a notary if it will be recorded.
6. Give the signed document to your attorney in fact.

Cover these points:

• Principal’s and attorney in fact’s names
• The property and the powers granted
• Durable wording, if you want it
• Principal’s signature
• A notary’s acknowledgment, if it will be recorded

Document Genius’s guided form covers each item, so your North Dakota real estate power of attorney form is ready to sign in minutes.