N.D. Cent. Code § 30.1-30-03
30.1-30-03. (5-503) Relation of attorney in fact to court-appointed fiduciary
30.1-30-03. (5-503) Relation of attorney in fact to court-appointed fiduciary
1. If, following execution of a durable power of attorney, a court of the principal's domicile
appoints a conservator, guardian of the estate, or other fiduciary charged with the
management of all of the principal's property or all of the principal's property except
specified exclusions, the attorney in fact is accountable to the fiduciary as well as to
the principal. The fiduciary has the same power to revoke or amend the power of
attorney that the principal would have had if the principal were not disabled or
incapacitated.
2. A principal may nominate, by a durable power of attorney, the conservator, guardian of
the principal's estate, or guardian of the principal's person for consideration by the
court if protective proceedings for the principal's person or estate are thereafter
commenced. The court shall make its appointment in accordance with the principal's
most recent nomination in a durable power of attorney except for good cause or
disqualification.