Power of Attorney
(Durable) (MP)

Summary

This template is a power of attorney for use in the Commonwealth of the Northern Mariana Islands (CNMI) to authorize an attorney-in-fact to manage a principal's financial matters and property. This template includes practical guidance, drafting notes, and alternate and optional clauses. The CNMI has not adopted the Uniform Power of Attorney Act, or any other statute specifically governing powers of attorney. In determining the authority and duties of an attorney-in-fact, therefore, the CNMI courts will follow the principles of the law of agency as set out in the Restatements, particularly the Restatement (Third) of Agency (Restat 3d of Agency), § 3.01 et seq., and the common law of the United States as to matters not covered by the Restatements. See, e.g., Salas v. Mafnas, 8 N.Mar.I. 452, 457–458 (2010). See generally 7 CMC § 3401 (CNMI choice of law statute). The template distinguishes between grants of general authority and grants of specific authority requiring explicit language authorizing an act. It can be modified, as necessary, to reflect individual client circumstances. For additional templates for use in the CNMI, see Will for Single Individual (Optional Trust(s) for Children) (MP), Will for Individual with Spouse or Partner (Optional Trust(s) for Spouse and/or Children) (MP), Living Will Declaration (MP), Health Care Proxy (MP), and Standby Guardian Designation (MP).