North Dakota Minor Child Power of Attorney Form

North Dakota Minor Child Power of Attorney Form Details

A parent can use this POA form to hand a child's day-to-day care to another person for a set time without ending the parent's own rights. The table lists the essentials of the North Dakota version, and the page for North Dakota POA forms lists the state's other documents.

This form delegates powers over a child. For other needs, FormsPal also has the North Dakota durable, general financial and limited power of attorney forms.

North Dakota Minor Child Power of Attorney Law

Under Section 30.1-26-04 of the N.D.C.C., a parent or guardian, by a properly executed power of attorney, may delegate powers over a minor child's care, custody, or property to another person for a period not exceeding six months. The statute excepts the power to consent to the marriage or adoption of a minor ward.^[2]

May delegate to another person, for a period not exceeding six months, any of the parent's or guardian's powers regarding care, custody, or property of the minor child or ward

North Dakota's power of attorney statute says the principal's revocation terminates an agent's power as to every person having notice of it. The same applies if the principal dies or becomes unable to contract, unless the agent's power is coupled with an interest in the subject of the agency.^[1] On this form the principal is the parent or guardian.

What the ND Power of Attorney Form Lets the Agent Do

The ND power of attorney form gives you two ways to define the agent's role, numbered 1 and 2 and separated by the word OR. You complete only the one you choose and leave the other blank.

• Full authority. The form's wording gives the agent all authority that may be delegated under North Dakota law. It lists the power to arrange for and consent to medical treatment, to make decisions about schooling and school activities, to provide support, care, housing and nourishment, and to do any acts that protect the child and serve the child's best interests.
• Limited authority. You write in the specific acts the agent may perform on the line provided.

The form also names a successor attorney-in-fact who serves if the agent is unable or unwilling to serve. The acknowledgment on page 3 states that the notary or officer verifies only the identity of the person who signed, and not the truthfulness, accuracy or validity of the document.

What You Need Before You Start

The ND power of attorney form for a minor child takes about 10 minutes to fill out. Gather the following details first, so the 44 fields of this North Dakota POA form can be completed in one sitting.

• Your full name and address, and whether you sign as a parent, court-appointed guardian or court-appointed conservator.
• The child's full name, date of birth and address.
• The name and address of the second parent or guardian, if there is one.
• The agent's name and address, and the same details for an alternate agent.
• The start date and the end date, no more than six months apart.^[2]
• The acknowledgment block on page 3, which a notary public or other officer completes.

Filling Out North Dakota Minor Child POA Form

The FormsPal North Dakota minor child power of attorney template has seven parts across three pages. Work through them in order, from the parent and child on page 1 to the notary acknowledgment on page 3.

The screenshots under each step show the FormsPal North Dakota minor child power of attorney template filled with sample entries in blue, so you can see where each answer goes. The names, addresses, dates and amounts are examples only.

1. On behalf of minor child (page 1). Enter your name and address, then initial the line that fits you: Parent, Court-Appointed Guardian or Court-Appointed Conservator. Next, enter the child's name, date of birth and address.

   

2. Second parent or guardian, and the agent (page 1). If there is more than one parent, guardian or conservator, complete the additional statement the same way. Then enter the name and address of the agent you appoint for the child.

   

3. Powers and successor attorney-in-fact (pages 1 and 2). Item 1 covers all authority that may be delegated, including consent to medical treatment and decisions about schooling, and runs onto page 2. Item 2 is the limited-authority alternative, separated by OR, so complete only the one you choose. Then enter the agent's name and the alternate agent's name and address in the Successor Attorney-in-Fact paragraph.

   

4. Effective date (page 2). Enter the date the power of attorney takes effect and the date it continues until. Keep the end date within six months of the start date.^[2]

   

5. Date and signatures (page 2). The sentence that the parent does not intend to relinquish parental rights is printed, so there is nothing to fill in. Enter the day, month and year, then sign and print your name on a signature line. A second parent or guardian uses the second line.

   

6. Acknowledgment (page 3). This block is for a notary public or other officer to complete. It asks for the county, the date, the name and title of the officer, and the name of the person who appeared.

   

7. Notary signature and seal (page 3). The officer signs on the Signature line and adds the seal where marked.

   

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General information, not legal or tax advice.

Sources

1. N.D. Cent. Code 3-01-11(2).
2. N.D.C.C. § 30.1-26-04.

Mara Erlach

Writer & Attorney

Mara has been practicing estate planning and trust law in California since 2003, taking pride in helping clients of all backgrounds and asset profiles form a complete and customized estate plan. Her specialties are: estate planning, wills and trusts, trust and probate administration.