--- title: "North Dakota Power of Attorney Signing Requirements | MCC" description: "North Dakota 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-north-dakota" --- Power of attorney · North Dakota # North Dakota 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 Chapter 30.1-30 is the older Uniform Durable Power of Attorney Act. Notary The court self-help instructions say the principal signs and dates the form in front of a notary or a clerk of court. Witnesses 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. Durable Durable only with words such as the chapter's sample sentence. Healthcare document 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. ## In the official wording **Notary** Need this notarized? [Online notarization for signers in North Dakota](/notary/online-notary/north-dakota). "in the presence of a Notary Public or Clerk of Court." **Recording** "requires execution and delivery of any instrument that is recordable" **Durability** "This power of attorney is not affected by subsequent disability or incapacity of the principal or by lapse of time" **Healthcare** "You must sign a durable power of attorney for health care in the presence of a notary public or two 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 confirmed - **Recording for real estate:** not required - **Durable after incapacity:** required Full checklist with the reasons: [financial](/notary/power-of-attorney-signing-checklist?state=nd&type=financial) · [healthcare](/notary/power-of-attorney-signing-checklist?state=nd&type=healthcare). ## Worth knowing The court system's self-help page says health decisions aren't included in a power of attorney and need a separate health care directive. **Not stated on the pages we read:** an agent acknowledgment, 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 - [N.D.C.C. chapter 30.1-30, Uniform Durable Power of Attorney Act (North Dakota Legislative Branch)](https://ndlegis.gov/cencode/t30-1c30.pdf) (checked November 2026) - [Power of Attorney (North Dakota Court System Legal Self Help Center)](https://www.ndcourts.gov/legal-self-help/power-of-attorney) (checked November 2026) - [Instructions for General Durable Power of Attorney (North Dakota Legal Self Help Center, rev. Nov 2025)](https://www.ndcourts.gov/Media/Default/Legal%20Resources/Legal%20Self%20Help/Power%20of%20Attorney/Power%20of%20Attorney%20for%20Adult.pdf) (checked November 2026) - [Making Health Care Decisions in North Dakota (North Dakota Department of Human Services, revised July 2001)](https://www.library.nd.gov/statedocs/HumanServices/freenorthdakotaadvanceddirectives20091214.pdf) (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 North Dakota?** Yes. The court self-help instructions say the principal signs and dates the form in front of a notary or a clerk of court. **How many witnesses does a North Dakota power of attorney need?** 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. **Must a North Dakota power of attorney be recorded to sell or mortgage real estate?** The chapter doesn't require recording; an agent's affidavit is recordable when the transaction needs a recordable instrument. **Is a North Dakota power of attorney durable?** Only if it says so. Durable only with words such as the chapter's sample sentence. **How is a healthcare power of attorney signed in North Dakota?** 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. All states: [power of attorney requirements by state](/notary/power-of-attorney-requirements-by-state) · [North Carolina](/notary/power-of-attorney-requirements-north-carolina) · [Ohio](/notary/power-of-attorney-requirements-ohio) · [Signing a healthcare proxy or medical power of attorney](/notary/guides/healthcare-proxy-and-medical-poa-signing) Coming soon ### North Dakota Power of Attorney Signing Kit This kit is being finished: every state rule in it is checked against official sources before it goes on sale. [See what it will include](/toolkits/north-dakota-power-of-attorney-signing-kit) ## Signing a power of attorney in New Jersey? [Book a mobile notary](/notary/mobile-notary)[Call (908) 444-6373](tel:+19084446373)