North Dakota Power of Attorney Notary and Witness Requirements

One of the most confusing aspects of creating a power of attorney in North Dakota is figuring out whether you need a notary, witnesses, or both. The answer depends entirely on which document you're executing, and the rules for the financial POA and the health care directive are completely different.

Getting this wrong doesn't just create an inconvenience — it can void the document entirely.

Financial Power of Attorney: Notary Rules

Here's the surprise: under NDCC Chapter 30.1-30, a North Dakota financial power of attorney has no formal execution requirements beyond the principal's signature and date. The statute doesn't require notarization or witnesses for the document to be legally valid between the parties.

But "legally valid" and "practically accepted" are different things in North Dakota.

Why you should notarize anyway:

• Bank acceptance. North Dakota banks routinely reject unnotarized POAs as a matter of internal policy, even though the law doesn't require notarization. Under NDCC Chapter 06-08.5, banks face no liability for refusing a POA, so they err on the side of caution.
• Real property transactions. If the POA will be used for any real estate transaction — buying, selling, mortgaging, or leasing property (including mineral rights) — NDCC Chapter 47-19 requires the POA to be acknowledged before a notary public and recorded with the county recorder.
• Out-of-state recognition. If the agent may need to use the POA in another state, notarization significantly increases the likelihood of acceptance.

Bottom line: while North Dakota law technically doesn't require notarization for a financial POA, skip it at your own risk. Notarization costs a few dollars and prevents the most common reason for bank rejection.

Health Care Directive: Strict Verification Required

The rules for a health care directive under NDCC Chapter 23-06.5 are far more demanding. The principal's signature must be verified by one of two methods:

Option 1: Notary public. A single notarization completes the execution requirement.

Option 2: Two subscribing witnesses. Both witnesses must be at least 18 years old. At least one witness cannot be a healthcare or long-term care provider, or an employee of a provider, currently delivering direct care to the principal.

You only need one method — notary or witnesses, not both.

Who Is Disqualified from Witnessing a Health Care Directive

NDCC § 23-06.5-05 contains one of the more extensive disqualification lists in the country. At the time of execution, neither the notary nor any witness can be:

1. The designated healthcare agent or alternate agent. The person who will exercise the authority cannot also verify the document granting it.
2. The principal's spouse. Regardless of whether the spouse is named as agent.
3. Anyone related by blood, marriage, or adoption. This eliminates most family members.
4. Any heir under an existing will or intestate succession. Anyone who stands to inherit has a financial interest in the principal's medical decisions.
5. Any creditor or claimant with an active financial claim against the principal's estate.
6. Anyone directly financially responsible for the principal's medical care.
7. The principal's attending physician.

This disqualification list applies to both witnesses and to the notary. A family member who is also a notary public cannot notarize their relative's health care directive.

Side-by-Side Comparison

Practical Tips for Execution Day

Finding qualified witnesses for the health care directive. Given the extensive disqualification list, the easiest qualified witnesses are often neighbors, coworkers, or friends who have no family, financial, or healthcare relationship to the principal. Many people ask their pastor, accountant, or insurance agent.

Notary locations. Banks, UPS stores, law offices, and some pharmacies offer notary services. Many are free for account holders. Mobile notaries will come to your home if the principal has mobility limitations.

Execute both documents at the same time. Since you'll likely be at a notary anyway for the financial POA, execute both the financial POA and the health care directive in the same appointment. The notary can handle both documents.

Make copies after execution. The agent, the principal, the principal's physician, and key family members should all have copies. For the financial POA, provide copies to every financial institution where the principal has accounts.

The North Dakota Power of Attorney Kit includes both documents with a step-by-step execution checklist that maps out exactly who can and can't serve as witness or notary, and the specific sequence for getting both documents properly executed in a single session.

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