A durable power of attorney is a legal document that a person (the principal, grantor, or donor) signs to appoint another person as the grantor’s agent or attorney-in-fact—with authority to make financial and property-related decisions on behalf of the principal—including transactions involving business interests, investments, insurance, taxes, bills, real estate, stocks, bonds, commodities, personal property, Social Security, Medicare, Medicaid, and other financial matters.

A traditional power of attorney is effective only while the principal has full mental capacity, but a durable power of attorney remains effective if the principal becomes physically or mentally disabled or incapacitated (incompetent) from a stroke, Alzheimer’s disease, an automobile accident, or other cause. In some states the legislature has provided a form durable power of attorney in a statute (law) and the document may be referred to as a statutory durable power of attorney.

In North Dakota, a durable power of attorney is a legal instrument that allows an individual (the principal) to designate another person (the agent or attorney-in-fact) to make decisions regarding their financial and property affairs. This authority can include handling business matters, investments, insurance, taxes, real estate transactions, and government benefits among others. Unlike a traditional power of attorney, which loses its validity if the principal loses mental capacity, a durable power of attorney remains in effect even if the principal becomes incapacitated due to conditions like stroke, Alzheimer's disease, or injury. North Dakota has statutory provisions that govern the creation and use of durable powers of attorney, ensuring that the document meets legal requirements to be effective. It is important for individuals to follow these statutes closely when drafting a durable power of attorney to ensure that it will function as intended under state law, even during periods of incapacity.