North Dakota Supreme Court

Matter of William C. Hansen and Verna Hansen Trust

December 18, 20252025 ND 220

Summary

The court held that the statutory requirement of express authorization for an agent acting under a power of attorney to amend a trust applied because the judicial proceeding began after the statute's effective date. Neither the trust nor the power of attorney expressly authorized Verna Hansen to amend William Hansen's trust, so the amendments were invalid. The judgment was reversed and remanded for determination of beneficiary rights under the original trust terms.