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North Dakota Power Of Attorney Form Template

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North Dakota Power Of Attorney Form Template




North Dakota Power Of Attorney Form Template – Forbes Advisor

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Published: Dec 8, 2023, 10:44am

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A power of attorney (POA) is an important legal tool in which you allow someone else to make crucial decisions on your behalf. This free North Dakota power of attorney form template is customizable and allows someone else (typically called an “attorney-in-fact” or “agent”) to make financial decisions for you. Download the form below.

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What Is a Power of Attorney?

A power of attorney is a legal document where one person, referred to as the principal, gives another person, known as the “attorney-in-fact,” authority to make decisions for them. The attorney-in-fact doesn’t need to be an actual attorney, but it should be someone the principal trusts to make sound choices on their behalf.

Powers of attorney can be “durable,” which means they are still in effect if the principal becomes incapacitated or unable to make decisions. Durable powers of attorney typically end with the principal’s death. A general power of attorney that is not durable is no longer effective if the principal becomes incapacitated.

In most states, a power of attorney must be notarized to be effective.

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Who Should Use a Power of Attorney Form?

Anyone who wants to ensure that a specific person has the power to act on their behalf should consider a power of attorney. A POA is a powerful, viable tool in any situation where you need someone to act for you. You don’t have to be old or sick.

That said, if someone does become incapacitated, they’re covered. Indeed, if you consult with an estate planning attorney, odds are they will discuss using a power of attorney.

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How to Create a Power of Attorney in North Dakota

In order for a power of attorney to be valid in North Dakota, it must be in writing and contain all of the following:

  • The name of the agent or attorney-in-fact
  • The scope of the POA, meaning the rights and responsibilities the principal is assigning to the agent or attorney-in-fact
  • The principal’s signature, which is notarized
  • The date

In addition, the principal must be competent to grant the power of attorney. Being competent—sometimes called being “of sound mind”—means having sufficient mental capacity to understand what they’re doing and being able to make their own decisions.


Types of Powers of Attorney

Principals can choose from several types of powers of attorney depending on their needs with regard to duration and scope.

Powers of Attorney Based on Capacity

Principals can select the correct type of power of attorney for them depending on whether they want it to take effect immediately, wait until they become incapacitated, and if they want it to end upon their incapacitation or death.

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  • General or Non-Durable Power of Attorney. A general power of attorney gives the attorney-in-fact permission to act for the principal on a broad range of personal affairs and financial transactions. It automatically ends when the principal either becomes incapacitated or dies.
  • Durable Power of Attorney. A durable power of attorney remains in effect if the principal becomes incapacitated. In North Dakota, durability is not presumed, meaning a power of attorney will not automatically remain effective if the principal becomes disabled or incapacitated.
  • Springing Power of Attorney. Unlike general and durable powers of attorney, a springing power of attorney becomes effective only if the principal becomes disabled or incapacitated. It’s also referred to as a “standby power of attorney.”

Limited Powers of Attorney Based on Scope

Limited powers of attorney, as the name suggests, give attorneys-in-fact responsibility over specific topic(s) the principal designates but do not include sweeping rights to make decisions. Common examples include:

  • Financial Power of Attorney. With a financial power of attorney, a principal enables an attorney-in-fact to make financial decisions for them, including choices around investments, banking, real estate, loans, insurance and bill-paying.
  • Medical Power of Attorney or Durable Power of Attorney for Healthcare. A healthcare power of attorney allows an attorney-in-fact to make healthcare decisions for the principal, according to their wishes and professional medical advice, when the principal cannot do so for themselves. In North Dakota, a healthcare power of attorney is part of the state’s health care directive. You may wish to nominate an alternate attorney-in-fact in case your primary one is unavailable in an emergency.

Who Can Be an Attorney-in-Fact?

Despite the term “attorney-in-fact,” you don’t have to be an attorney to serve in the role. In fact, nearly anyone can be an agent or attorney-in-fact. As long as the person selected is a legal adult and competent, they can serve as an agent.

The most important qualification is not an official one—the attorney-in-fact should be someone the principal trusts. A POA can grant a lot of power to the agent, so it’s essential that the agent be a person likely to do what the principal would prefer.


What Are the Signing Requirements for a Power of Attorney Form in North Dakota?

Signing requirements for a power of attorney differ across states. When you consider the broad powers a POA can grant, the strict requirements make sense.

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In North Dakota, a POA must be signed by a notary.


Do You Need a Lawyer to Get a Power of Attorney in North Dakota?

You can use a template like the one provided above to create a perfectly legal power of attorney in North Dakota. You could even write one without a template, as long as it meets all the legal requirements.

Just because you don’t have to have a lawyer draw up your POA, though, doesn’t mean you shouldn’t. A power of attorney can give sweeping powers to the attorney-in-fact, so it’s a good idea to have a qualified lawyer review the document before signing.

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Frequently Asked Questions (FAQs)

Do you need a lawyer to get a power of attorney?

While it’s usually a good idea to consult with a lawyer before you become bound by a POA, you don’t need an attorney to get one. As long as the document complies with all the requirements of California, a lawyer isn’t necessary to create a binding power of attorney.

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How do you get power of attorney if someone is incapacitated?

Power of attorney can only be granted by a principal of sound mind, so if someone becomes incapacitated, they can no longer appoint someone to be their agent. You can, however, petition the court to make you the person’s conservator or guardian. Once this appointment is made, you can act on the person’s behalf yourself or grant power of attorney to an agent to act for them.

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Who can override a power of attorney?

There are only two ways to override a power of attorney. The principal can override the POA—called “revocation”—as long as they are of sound mind. In most states, a revocation must be in writing and clearly express the intention to end the specific power of attorney.

The other way to override a power of attorney is through court action. A court can remove an agent directly or appoint a guardian or conservator to the principal, who could then revoke the POA themselves.

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Adam Ramirez has been writing and editing about the law and legal issues for more than 20 years. After earning a law degree from the University of Arizona, he clerked for two years for a U.S. District Court judge. He researched and wrote legal precedent in published opinions on behalf of the Court. He previously was an editor, columnist and journalist at the Miami Herald, The Dallas Morning News, The Oregonian, Golf Digest, FindLaw.com and other media outlets.

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North Dakota

Yankton County, SD deputies arrest South Dakota fugitive after 4-week search

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Yankton County, SD deputies arrest South Dakota fugitive after 4-week search


YANKTON COUNTY, SD (KTIV) – There’s a new development in a manhunt that started last month in South Dakota.

Authorities in Yankton County say they’ve found an Iowa man wanted for violating his parole and arrested him after a nearly four-hour standoff Monday night.

The Yankton County Sheriff’s Office says its deputies learned 48-year-old Jason Sitzman was inside a home in Lesterville, South Dakota, and went to that home trying to make contact with him.

Sitzman was wanted on warrants for violating his parole in Iowa, as well as, for failure to appear in court in Yankton County and for aggravated eluding of law enforcement.

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But, Sitzman, and another woman who was inside, refused to leave the house. That was at around 7:00pm. Around 10:45pm authorities used chemical agents inside the home to get Sitzman and the woman outside. The woman is identified as 23-year-old Kendra Kirrman.

Both were taken into custody and charged with obstructing law enforcement.

Law enforcement have been looking for Sitzman for more than a month. Back on June 19th… he reportedly fled South Dakota authorities on a motorcycle… riding into Nebraska before ditching the bike at the Chalkrock Wildlife Management Area in Cedar County. Authorities searched the area using drones and a helicopter but weren’t able to find Sitzman.



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North Dakota

North Dakota judge will decide whether to throw out a challenge to the state's abortion ban

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North Dakota judge will decide whether to throw out a challenge to the state's abortion ban


BISMARCK, N.D. (AP) — Attorneys argued Tuesday over whether a North Dakota judge should toss a lawsuit challenging the state’s abortion ban, with the state saying the plaintiffs’ case rests on hypotheticals, and the plaintiffs saying key issues remain to be resolved at a scheduled trial.

State District Judge Bruce Romanick said he will rule as quickly as he can, but he also asked the plaintiffs’ attorney what difference he would have at the court trial in August.

The Red River Women’s Clinic, which moved from Fargo to neighboring Moorhead, Minnesota, filed the lawsuit challenging the state’s now-repealed trigger ban soon after the fall of Roe v. Wade in 2022. The clinic was North Dakota’s sole abortion provider. In 2023, North Dakota’s Republican-controlled Legislature revised the state’s abortion laws amid the lawsuit. Soon afterward, the plaintiffs filed an amended complaint, joined by doctors in obstetrics, gynecology and maternal-fetal medicine.

North Dakota outlaws abortion as a felony crime, with exceptions to prevent the mother’s death or a “serious health risk” to her, and in cases of rape or incest up to six weeks of pregnancy.

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The plaintiffs allege the law violates the state constitution because it is unconstitutionally vague for doctors as to the exceptions, and that its health exception is too narrow.

The state wants the complaint dismissed. Special Assistant Attorney General Dan Gaustad said the plaintiffs want the law declared unconstitutional based upon hypotheticals, that the clinic now in Minnesota lacks legal standing and that a trial won’t help the judge.

“You’re not going to get any more information than what you’ve got now. It’s a legal question,” Gaustad told the judge.

The plaintiffs want the trial to proceed.

Meetra Mehdizadeh, a staff attorney with the Center for Reproductive Rights, said the trial would resolve factual disputes regarding how the law would apply in various pregnancy complications, “the extent to which the ban chills the provision of standard-of-care medical treatment,” and a necessity for exceptions for mental health and pregnancies with a fatal fetal diagnosis.

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When asked by the judge about the trial, she said hearing testimony live from experts, as compared to reading their depositions, would give him the opportunity to probe their credibility and ask his own questions to clarify issues.

In an interview, she said laws such as North Dakota’s are causing confusion and hindering doctors when patients arrive in emergency medical situations.

“Nationally, we are seeing physicians feeling like they have to delay, either to run more tests or to consult with legal teams or to wait for patients to get sicker, and so they know if the patient qualifies under the ban,” Mehdizadeh said.

In January, the judge denied the plaintiffs’ request to temporarily block part of the law so doctors could provide abortions in health-saving scenarios without the potential of prosecution.

A recent state report said abortions in North Dakota last year dropped to a nonreportable level, meaning there were fewer than six abortions performed in 2023. The state reported 840 abortions in 2021, the year before the U.S. Supreme Court’s ruling overturning Roe v. Wade.

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The court’s decision enabled states to pass abortion bans by ending the nationwide right to abortion.

Most Republican-controlled states now have bans or restrictions in place. North Dakota is one of 14 enforcing a ban on abortion at all stages of pregnancy. Meanwhile, most Democratic-controlled states have adopted measures to protect abortion access.

The issue is a major one in this year’s elections: Abortion-related ballot measures will be before voters in at least six states. Since 2022, voters in all seven states where similar questions appeared have sided with abortion rights advocates.

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Associated Press writer Geoff Mulvihill in Cherry Hill, New Jersey, contributed to this story.

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Pressures could lead to more closures at ND nursing homes

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Pressures could lead to more closures at ND nursing homes


BISMARCK — Federal requirements for nursing homes to have a registered nurse on duty 24 hours each day are expected to add pressure to an already challenging workforce situation for the 75 rural and urban facilities across the state.

A majority will have a hard time meeting the 24/7 requirement for RNs, according to the North Dakota Long Term Care Association.

Nikki Wegner, director of the NDLTCA, said most facilities across the state are currently well-staffed except for that RN requirement.

Cost pressures have already led to six facilities closing in the past 35 months, she said.

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“We’ve never had that before in our history, and the majority of them were because of staffing issues,” Wegner said.

Urban facilities have until May 2026 to comply with the federal requirements, while those in rural areas have until May 2027.

Rules have also changed, with areas like Dickinson, Devils Lake, Jamestown, Valley City and Williston no longer considered rural, meaning they’ll need to meet requirements sooner.

“I worry about how many facilities might have to close because they can’t meet the standards,” said Reier Thompson, president and CEO of Missouri Slope in Bismarck, which has long-term care for over 250 residents.

“What’s that going to do to access to care, especially in the more rural area, where people are traveling 100 miles from their hometown to a nursing facility, and maybe a spouse is commuting that a couple times a week?” he said. “It’s going to be hard, especially in winter.”

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Throughout the COVID-19 pandemic, staffing full-time nurses and nursing assistants at long-term care facilities became a huge challenge. Many turned to short-term contract nurses, and costs soared.

The situation has begun to turn around for Jill Foertsch, administrator at St. Gerard’s Community of Care in Hankinson. St. Gerard’s has added new certified nursing assistants while reducing the use of contract nurses from eight just a short time ago to two.

“We have improved significantly,” Foertsch said.

That being said, finding enough RNs to meet the new requirement is going to be tough.

“We are not able to meet the 24/7 staffing mandate,” she said.

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The situation may mirror what happened during the pandemic, but contract RNs are in short supply and high priced, she said.

The one caveat is this time there’s no funding on the horizon.

“We will not be getting any help from the government like we did during COVID, and that’ll be what would most likely help us to shut down, because it’s just not sustainable that way,” Foertsch said.

The NDLTCA estimates contract nurses accounted for around $73 million of statewide nursing costs in 2023, up from around $24 million in 2020.

Staffing at nursing homes in the state is also now around 1,200 workers below what it was in early 2020 numbers, according to the NDLTCA.

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The NDLTCA estimated that only 35% of urban facilities and only 14% of rural facilities would currently meet the future 24/7 RN staffing requirement.

Right now, most facilities rely on a mix of RNs, physician’s assistants, nurse practitioners or physicians through phone or telehealth if an RN isn’t on duty beyond the normal daytime shift. Finding RNs to fill overnight and other shifts is going to be difficult.

No funding is earmarked for those shortfalls, the numbers of RNs are just not available, and no pipeline is in the works to increase the availability of RNs.

“We’re still in a workforce crisis, we still rely on a lot of contract nurses, and it’s expensive, and then you add the mandate on there to increase even more,” Wegner said, adding that the state needs at least 80 if not more RNs to fulfill the mandates.

Several states have already met stringent requirements for waivers from the rule, but Wegner isn’t hopeful North Dakota will qualify.

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Blake Kragnes, administrator at the 85-bed Knife River Care Center in Beulah, said his nursing home has been able to keep staffing at a good level, but the mandate of the 24/7 requirement for RNs is going to be tough to meet.

“When you look at the number of college grads graduating with a nursing and RN degree, it’s down, and that makes it complicated to meet a mandate that comes with no funding,” he said.

Kragnes is looking at how to increase recruitment and retention by connecting with area high schools to start people in a health care career that may lead them to full-time registered nursing status.

Foreign nurse visa freeze

One avenue most facilities are trying to use is immigration, but the U.S. State Department recently froze EB-3 visas used by foreign nurses for the rest of the fiscal year, leaving around 10,000 foreign nurses in limbo until resolved.

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A cap of 40,000 visas for foreign nurses has been in place since 1990, and legislation to increase the cap stalled in the U.S. Congress after its introduction in November 2023.

According to the Migration Policy Institute, international nurses account for around 16% of the nursing workforce in the country.

National health care nonprofit KFF, formerly known as The Kaiser Family Foundation, estimates that 1 in 6 of the 3.2 million RNs in the U.S. is an immigrant nurse.

Amy Kreidt, administrator of St. Luke’s Home in Dickinson, which operates an 88-bed long-term care facility, echoed Foertch’s comments by saying the mandate coupled with the high cost of contract nursing could put more rural nursing homes out of business.

“Right now we’re not (in danger of closing), but if we can’t start getting nurses here, we have to keep that as an option and review,” she said.

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St. Luke’s has had success with its foreign nurses, but the visa freezes and annual caps, along with the complicated immigration process, have led to it taking up to four years to get foreign nurses, Kreidt said.

“And that’s if it goes through relatively quickly, and it seems to always have taken that long, but now, with additional delays, it will continue to take that long and longer,” she said. “The contact is only three years long and it takes over four years to get them, so the numbers don’t add up.”

LeAnn Hokanson, vice president of resident services at Missouri Slope, said besides funding to cover nursing costs, there is a major need for both immigration and on expanding nursing programs.

“The (foreign nurses) that we’ve been interviewing most recently, they’ve been waiting and waiting and waiting,” she said. “Some of them wait for 10 years to get their call to have a facility interview them. It’s all stuck in that visa process.”

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A sky view of Missouri Slope in Bismarck, the largest nursing home in the state, serving around 250 residents.

Contributed / Missouri Slope

Kreidt has previously tapped into the nursing program at Dickinson State University, but with its entire full-time nursing faculty resigning on July 10, the future of that program is uncertain.

The situation also adds further uncertainty regarding the nursing pipeline for health care facilities across the state and region.

North Dakota’s new Office of Legal Immigration is looking to pilot a cap-exempt H-1B visa program in the next several months specifically for foreign nurses, according to a study it released in late May.

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This could help increase the numbers of RNs and nurse practitioners, though hurdles exist since the H-1B immigration process is more costly and facilities need to meet eligibility requirements.

This story was originally published on NewsCoopND.org

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This story was written by one of our partner news agencies. Forum Communications Company uses content from agencies such as Reuters, Kaiser Health News, Tribune News Service and others to provide a wider range of news to our readers. Learn more about the news services FCC uses here.

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