Signing checklist for North Dakota

The signing steps in North Dakota law, step by step. Pick your documents to see them.

Checked against official sources: October 31, 2026.

Short answer

This checklist lists the signing rules in North Dakota law. It does not check whether your document is valid.

Financial power of attorney: Signed by you; the law requires no notary or witnesses
Health care directive: Notarized or signed by two adult witnesses

Choose your form General Durable Power of Attorney. You do not have to use it. This is a court self-help form, not a form set by statute. Its instructions say the principal must sign and date it in the presence of a notary public or clerk of court. The form revision is 'Rev Nov 2025'. Official text
Law: N.D.C.C. ch. 30.1-30
Sign it A written power of attorney signed by you (the principal).
Law: N.D.C.C. §§ 30.1-30-01, 3-02-06, 47-19-03
Notary or witnesses North Dakota law requires a durable power of attorney to be in writing and to contain words showing it continues if you become disabled or incapacitated. The Century Code does not require a notary or witnesses for it to be valid. To record a power of attorney with the county recorder (for example, for real estate), your signature must be acknowledged before a notary. The court system's self-help power of attorney form is signed in front of a notary public or clerk of court.
Law: N.D.C.C. §§ 30.1-30-01, 3-02-06, 47-19-03
If it may be used for real estate A power of attorney can be recorded only if your signature is acknowledged; it is recorded with the recorder of the county where the real property is located. If using the power requires signing a recordable document, the attorney in fact's affidavit of non-revocation, when authenticated for record, can also be recorded.

Choose your form Health Care Directive - optional form. You do not have to use it. Official text
Law: N.D.C.C. §§ 23-06.5-16, 23-06.5-17
Sign it In writing, dated, stating your name, and signed by you (or by another person in your presence at your express direction if you cannot sign).
Law: N.D.C.C. § 23-06.5-05
Notary or witnesses Sign and date the health care directive and have the signature verified either by a notary public or by two qualified adult witnesses. It must include a health care instruction, a power of attorney for health care, or both.
Law: N.D.C.C. § 23-06.5-05
Who cannot witness Your signature must be verified by a notary public or by at least two witnesses age 18 or older. At least one witness must not be a health care or long-term care provider giving you direct care, or such a provider's employee, on the day you sign. The notary or any witness cannot be your agent, your spouse or heir, a relative by blood, marriage or adoption, someone entitled to part of your estate, someone with a claim against your estate, a person directly financially responsible for your medical care, or your attending physician. A notary may be an employee of a health care or long-term care provider giving you direct care.
Law: N.D.C.C. § 23-06.5-05

Give copies to the right people Keep the signed documents in a safe place and give copies to your health care proxy and your doctors. Some states have registries that store an advance directive for doctors and your proxy.

This checklist lists the signing rules in North Dakota law. It does not check whether your document is valid.