North Dakota Real Estate ONLY Power of Attorney Form

The North Dakota real estate only power of attorney form is a document that is provided by a Principal to authorize an Agent, to act on behalf of the Principal, to sell, purchase, refinance, manage, perform any transactions or other specified acts authorized by the Principal only pertaining to real property. This document will not provide access to personal property, financials nor would the Agent have the ability to make any medical decisions for the Principal.

This document will require notarization of all signatures. The Principal may revoke this document at their own discretion, in writing and by delivery to the Agent(s)

How to Write

Step 1 – The Parties – Enter the following information:

  • Principal’s full name
  • Principal’s address
  • City
  • State
  • AND
  • Name of the Agent
  • Agent’s street address
  • City
  • State

Step 2 – Assignment of Authority – Principal must check and initial one or more of the following powers:

  • Sale of Real Estate
  • Purchase of Real Estate
  • Management of Real Estate
  • Refinancing

Step 3 – Article III Term – Establish the Term of the document by checking and initialing only one of the following:

  • A beginning and ending date
  • The non-durable option would become immediately available upon the date of this document and would terminate when the Principal would either revoke the document become incapacitated, or at the time of the death of the Principal
  • The durable option would become available immediately and only terminate if the document is revoked or by the death of the Principal

Step 4 – Article VI. Revocation and Signatures – Must be signed in the presence of a licensed Notary– Enter:

  • Submit a date of revocation in dd/mm/yyyy format
  • Principal’s signature
  • Principal’s printed name
  • AND
  • Agent’s Signature
  • Agent’s printed name

Step 5 – Affirmation by Witnesses – The witnesses must carefully review the affirmations:

  • Print the namesof the witnesses in each affirmation paragraph
  • Each witness must submit their signatures
  • Printed name of each witness

Step 6 – Notarization –

Once the Notary Public has recorded witnessed all of the required signatures, the notary will complete the document in acknowledgement, also affixing, the official state notary seal

Step 7 – Acceptance by Agent – The Agent will need to review the acceptance. If the Agent agrees:

  • Submit the Agent’s Signature
  • Submit the printed name of the Agent