---
title: "New Jersey Power of Attorney Signing Requirements | MCC"
description: "New Jersey power of attorney: A notary is required; no witnesses under the execution rule. From the state's own pages."
url: "https://mcc-solutionsnj.com/notary/power-of-attorney-requirements-new-jersey"
---

Power of attorney · New Jersey

# New Jersey power of attorney signing requirements

How a power of attorney is signed under this state's law: the notary, the witnesses, what the agent signs, recording for real estate and the healthcare document.

✓ New Jersey commissioned notary, no. 50244803, insured for errors and omissions. [See the credentials](/about/credentials)

**Short answer.** A notary is required; no witnesses under the execution rule.

## At a glance

Uniform act

P.L.2000, c.109, section 1, names New Jersey's own act, the Revised Durable Power of Attorney Act.

Notary

In writing, signed and acknowledged as set out in R.S.46:14-2.1 (the acknowledgment statute for recorded documents).

Witnesses

The formality section asks for a writing, a signature and an acknowledgment, not witnesses.

Agent's acknowledgment

The act sets the agent's duties but has no separate signed acceptance.

Recording for real estate

The act doesn't require recording; an affidavit of the agent is recordable when the transaction needs a recordable instrument.

Durable

Durable when it contains the statute's words showing the authority survives disability or incapacity.

Healthcare document

Notarize it, or sign and date it in front of two adult witnesses; the health care representative can't be a witness.

## In the official wording

**Notary**

"must be in writing, duly signed and acknowledged in the manner set forth in R.S.46:14-2.1."

**Agent**

"An attorney-in-fact has a fiduciary duty to the principal"

**Recording**

"likewise recordable"

**Durability**

"A durable power of attorney is a power of attorney which contains the words"

**Healthcare**

"You can choose to get your advance directive notarized, in which case you don't need additional witnesses."

## Get it notarized online today

Online notary: open now until 9 PM ET · sessions by appointment · times confirmed by email

A New Jersey notary can notarize this with you on a video call, wherever you are in the U.S. $50 for the session, $10 for each extra signer. Any other fee shows in the booking form before you confirm. Open 7 am to 9 pm ET, every day, by appointment.

**What you need**

- A valid government photo ID
- A computer or phone with a camera
- The unsigned document

[Book an online session](/notary/?service=ron#order)

Our certificate states the act was performed using communication technology, as New Jersey law requires. [What it must say](/notary/remote-online-notarization-certificate-wording)

Most U.S. recipients accept a remotely notarized document; check with whoever will receive it. [What to ask them](/notary/will-my-online-notarization-be-accepted) · [Several signers](/notary/online-notarization-multiple-signers)

## Signing-day steps

- **Statutory form:** not confirmed
- **Notary:** required
- **Witnesses:** not required
- **Agent's acknowledgment:** not required
- **Recording for real estate:** not required
- **Durable after incapacity:** required

Full checklist with the reasons: [financial](/notary/power-of-attorney-signing-checklist?state=nj&type=financial) · [healthcare](/notary/power-of-attorney-signing-checklist?state=nj&type=healthcare).

## Worth knowing

The agent has a fiduciary duty to the principal and must keep accurate books and records of all financial transactions.

**Not stated on the pages we read:** an official form.

Signing in New Jersey? MCC Solutions provides [mobile notarization](/notary/mobile-notary), [hospital notarization](/notary/hospital-notary) and [remote online notarization](/notary/remote-online-notarization) for New Jersey signers. Elsewhere, a local notary can help.

## Official sources

- [P.L.2000, c.109, Revised Durable Power of Attorney Act (New Jersey Legislature)](https://pub.njleg.gov/bills/2000/PL00/109_.HTM) (checked November 2026)
- [Advance Directive Forms and FAQs (New Jersey Department of Health)](https://www.nj.gov/health/advancedirective/ad/forums-faqs/) (checked November 2026)

General information, not legal advice; we are not lawyers. Have a lawyer prepare or review the power of attorney itself.

## Common questions

**Does a power of attorney have to be notarized in New Jersey?**

Yes. In writing, signed and acknowledged as set out in R.S.46:14-2.1 (the acknowledgment statute for recorded documents).

**How many witnesses does a New Jersey power of attorney need?**

None under the execution rule we read. The formality section asks for a writing, a signature and an acknowledgment, not witnesses.

**Does the agent have to sign anything in New Jersey?**

Not before acting. The act sets the agent's duties but has no separate signed acceptance.

**Must a New Jersey power of attorney be recorded to sell or mortgage real estate?**

The act doesn't require recording; an affidavit of the agent is recordable when the transaction needs a recordable instrument.

**Is a New Jersey power of attorney durable?**

Only if it says so. Durable when it contains the statute's words showing the authority survives disability or incapacity.

**How is a healthcare power of attorney signed in New Jersey?**

Notarize it, or sign and date it in front of two adult witnesses; the health care representative can't be a witness.

All states: [power of attorney requirements by state](/notary/power-of-attorney-requirements-by-state) · [New Hampshire](/notary/power-of-attorney-requirements-new-hampshire) · [New York](/notary/power-of-attorney-requirements-new-york) · [Signing a healthcare proxy or medical power of attorney](/notary/guides/healthcare-proxy-and-medical-poa-signing)

[![Cover of Caring for an Aging Parent in New Jersey (ebook) by Matthew Colt](/img/toolkits/nj-aging-parent-care-ebook/cover.webp)](/toolkits/nj-aging-parent-care-ebook)

From the bookshelf

### Caring for an Aging Parent in New Jersey

The paperwork of a parent getting older, in the right order. By Matthew Colt, $9.99 as an ebook (EPUB and PDF).

[See the book](/toolkits/nj-aging-parent-care-ebook) [Read the first pages free](/toolkits/nj-aging-parent-care-ebook#free-starter)

## Signing a power of attorney in New Jersey?

[Book a mobile notary](/notary/mobile-notary)[Call (908) 444-6373](tel:+19084446373)
