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Questions and Answers
Concerning NDPERS’ Durable Power of Attorney
1. Why is it advisable to have a durable power of attorney on file with NDPERS?
Having a durable power of attorney on file at NDPERS assures that NDPERS will be able to handle
your retirement benefits without interruption, and in accordance with your wishes, should you become
unable to handle your own affairs.
2. Does NDPERS charge a fee for this service?
3. If I sign NDPERS’ Durable Power of Attorney form, can I continue to handle my own affairs
until such time that I become incapacitated?
Yes; however, NDPERS will also accept actions by your attorney-in-fact. If you do not want the
attorney-in-fact to act on your behalf until you are incapacitated or disabled, you may want to
complete the Durable Power of Attorney and keep it in personal file until it is needed.
4. Can I use NDPERS’ Durable Power of Attorney to appoint an administrator of my estate prior
to my death?
No. NDPERS’ Durable Power of Attorney form only deals with retirement system administered by
the Public Employees Retirement System and the Highway Patrol Retirement System.
5. Does NDPERS’ Durable Power of Attorney automatically authorize my attorney-in-fact to
conduct business after my death?
No, the power of attorney is terminated upon the death of the member.
6. Should I retain a copy of the Durable Power of Attorney?
Yes, it is a good idea to keep a photocopy of the original for your personal file.
7. Can I terminate my Durable Power of Attorney should I desire to do so?
Yes, as long as you are still competent and you submit a written request to NDPERS asking that the
document be revoked or terminated.