Power of Attorney Requirements in North Dakota
North Dakota's durable power of attorney statute sets no notary or witness requirement for a financial power of attorney, though notarization is needed in practice to record it or use it for real estate.
Last checked . General information, not legal advice.
North Dakota at a glance
- Notarization
- Not required by statute
- Witnesses
- None
- Uniform Power of Attorney Act
- Not adopted
- North Dakota uses its own statute
The rules in North Dakota
Does a power of attorney need to be notarized in North Dakota?
North Dakota law sets no notarization requirement for a power of attorney. Banks and title companies may still ask for one.
How many witnesses does a power of attorney need in North Dakota?
None. North Dakota does not require witnesses for a power of attorney.
Has North Dakota adopted the Uniform Power of Attorney Act?
No. North Dakota has its own power of attorney statute rather than the Uniform Power of Attorney Act.
Where do the North Dakota rules for powers of attorney come from?
They come from N.D. Cent. Code ch. 30.1-30 (Uniform Durable Power of Attorney Act), ndlegis.gov and Uniform Law Commission, Power of Attorney Act enactment history. We last checked them in October 2026. Laws change, so check the current statute before you rely on it.
How North Dakota compares
North Dakota is one of 7 jurisdictions that set no notarization requirement.
What this means in practice
Even where notarization is optional, banks, brokers and title companies often ask for a notarized power of attorney before they act on it. Notarizing is usually the safer choice.
Choose an agent you trust, name a backup, and give the agent a signed copy. Keep the original in a place your agent can reach.
You can revoke a power of attorney while you have capacity. Tell your agent and anyone who relied on it, in writing.
General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.