Probate & Trust Law Section Conference Manual ... - Minnesota CLE

By North Dakota Information Technology Department.
Each registration receives unique file number to be used on
website with password.
Fee is expected to be around $20.
Estimated date when available is September 2013.
May be available to Minnesota residents that use North Dakota
health care facilities.
B. Power of Attorney. N.D.C.C. Chapter 30.1-30.
1. Based on Uniform Durable Power of Attorney Act. No statutory short
form power of attorney exists in North Dakota.
2. May see springing powers of attorney in North Dakota: “this power of
attorney becomes effective upon the disability or incapacity of the
principal.” This is problematic because of the proof necessary for the
attorney-in-fact. Always check the document to determine when the
authority granted becomes effective.
3. A guardianship/conservatorship order will usually revoke all prior powers
of attorney but, if not, the guardian/conservator has the power to revoke
the power of attorney. N.D.C.C. § 30.1-30-03(1).
4. Principal may nominate guardian/conservator by a power of attorney.
5. Power of attorney implicitly authorizes gifting in any amount to any
individual or organization if the writing merely authorizes an attorney-infact
to perform any act the principal might or could do, or evidences the
intent to give the attorney-in-fact full power to deal with the principal’s
property. However, gifting by an attorney-in-fact in North Dakota is
problematic for Medicaid eligibility purposes. (See Section III. M of these
materials.)
C. Wills and Probate. N.D.C.C. Chapter 30.1-08.
1. North Dakota is a Uniform Probate Code state.
2. A will is valid as a holographic will if the signature and material (i.e.,
dispositive) portions of the will are in the testator’s handwriting, whether
or not witnessed.
3. North Dakota is one of two states that provide for an ante-mortem probate
of will. N.D.C.C. Chapter 30.1-08.1.
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