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.
"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
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 confirmed
- Recording for real estate: not required
- Durable after incapacity: required
Full checklist with the reasons: financial · 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, hospital notarization and 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) (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)
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 · North Carolina · Ohio · Signing a healthcare proxy or medical power of attorney