North Dakota · N.D.C.C. ch. 30.1-30North Dakota power of attorney at closing: durable wording and the agent's affidavit

North Dakota's power of attorney chapter is the Uniform Durable Power of Attorney Act. A power is durable only if the writing contains words such as "This power of attorney is not affected by subsequent disability or incapacity of the principal or by lapse of time," or "This power of attorney becomes effective upon the disability or incapacity of the principal," or similar words showing that intent (N.D. Cent. Code §30.1-30-01); acts under a durable power during the principal's incapacity bind the principal as if competent, and unless it states a termination time, it doesn't lapse with time (§30.1-30-02). The principal's death – or, for a nondurable power, incapacity – doesn't end the agency as to an agent or other person who acts in good faith without actual knowledge of it (§30.1-30-04). An affidavit by the attorney in fact that, when it exercised the power, it had no actual knowledge of revocation or of the principal's death, disability or incapacity is conclusive proof of nonrevocation for acts done in good-faith reliance on it, and when authenticated for record it's recordable along with the deed (§30.1-30-05).