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
Our certificate states the act was performed using communication technology, as New Jersey law requires. What it must say
Most U.S. recipients accept a remotely notarized document; check with whoever will receive it. What to ask them · Several 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 · 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, hospital notarization and 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) (checked November 2026)
- Advance Directive Forms and FAQs (New Jersey Department of Health) (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 · New Hampshire · New York · Signing a healthcare proxy or medical power of attorney
