Yes, a notary is required.
The court self-help instructions say the principal signs and dates the form in front of a notary or a clerk of court.
In the official wording
"in the presence of a Notary Public or Clerk of Court."
From the official pages listed below, checked November 2026.
What else the signing needs
- Witnesses
- None under the execution rule we read. The court self-help instructions call for a notary or clerk of court and don't mention witnesses.
- Recording for real estate
- The chapter doesn't require recording; an agent's affidavit is recordable when the transaction needs a recordable instrument.
"requires execution and delivery of any instrument that is recordable"
- Durable after incapacity
- Durable only with words such as the chapter's sample sentence.
"This power of attorney is not affected by subsequent disability or incapacity of the principal or by lapse of time"
Not confirmed on the pages we read: an agent acknowledgment and an official form. Check with N.D.C.C. chapter 30.1-30, Uniform Durable Power of Attorney Act (North Dakota Legislative Branch).
Next step
Sign by video with our New Jersey notary while you're in North Dakota, 7 AM to 9 PM Eastern, seven days a week, by appointment. New Jersey law lets a New Jersey notary notarize for a signer located in another state (N.J.S.A. 52:7-10.10). How North Dakota treats it: North Dakota gives a notarial act performed in another state the same effect as if a North Dakota notarial officer performed it, when that state's notary does the act. More on North Dakota signers.
If the agent will use it for real estate, ask the title company or the county recorder before you sign.
Book an online notarization Request a mobile notary in North Dakota
In person, we look for a notary commissioned in North Dakota near you; you approve the price first.
If a local notary in North Dakota does it: Up to $5 per notarial act, under the state's fee rules (North Dakota notary fees).
And a health care power of attorney?
A notary or witnesses. The state's 2001 summary says a durable power of attorney for health care is signed before a notary or two witnesses; the agent, spouse, heirs, relatives and the attending physician can't serve, and one witness can't be a direct-care provider.
"You must sign a durable power of attorney for health care in the presence of a notary public or two witnesses."
Two adult witnesses if you don't use a notary.
From Making Health Care Decisions in North Dakota (North Dakota Department of Human Services, revised July 2001). A health care document follows its own signing rule, separate from the financial one.
Official sources
- N.D.C.C. chapter 30.1-30, Uniform Durable Power of Attorney Act (North Dakota Legislative Branch) (checked November 2026)
- Power of Attorney (North Dakota Court System Legal Self Help Center) (checked November 2026)
- Instructions for General Durable Power of Attorney (North Dakota Legal Self Help Center, rev. Nov 2025) (checked November 2026)
- Making Health Care Decisions in North Dakota (North Dakota Department of Human Services, revised July 2001) (checked November 2026)
We are not lawyers, and this is general information, not legal advice. Checked November 2026. Rules change, and whoever receives the document decides what it accepts; we can't guarantee acceptance.
Common questions
Is notarization required for a power of attorney in North Dakota?
Yes, a notary is required. The court self-help instructions say the principal signs and dates the form in front of a notary or a clerk of court.
Are witnesses needed for a North Dakota power of attorney?
None under the execution rule we read. The court self-help instructions call for a notary or clerk of court and don't mention witnesses.
Does a North Dakota power of attorney have to be recorded for a house sale?
The chapter doesn't require recording; an agent's affidavit is recordable when the transaction needs a recordable instrument.
Does a medical power of attorney need a notary in North Dakota?
A notary or witnesses. The state's 2001 summary says a durable power of attorney for health care is signed before a notary or two witnesses; the agent, spouse, heirs, relatives and the attending physician can't serve, and one witness can't be a direct-care provider.
Can I sign a North Dakota power of attorney with an online notary?
Our New Jersey notary can notarize it by video while you're in North Dakota. North Dakota gives a notarial act performed in another state the same effect as if a North Dakota notarial officer performed it, when that state's notary does the act.
What does a notary charge in North Dakota?
Up to $5 per notarial act, under the state's fee rules. A mobile notary may add a travel fee; ask for the total first.
Keep going
- Signing checklist
- Power of attorney rules in every state
- A will in North Dakota
- A small estate affidavit in North Dakota
A power of attorney in another state: North Carolina · Ohio · every state