North Dakota Power of Attorney for a Minor: Notary Requirement Explained

You've filled out the Minor Power of Attorney form and the parent or legal guardian has signed it. Almost done — except that without proper notarization, the document has no legal weight in North Dakota.

Why the Notary Matters

Under N.D.C.C. § 30.1-26-04, the parent or legal guardian must sign the Minor POA under oath before a notary public or a clerk of court. A North Dakota notary public located in the state may perform a compliant remote notarial act using communication technology under N.D.C.C. § 44-06.1-13.1. A signature witnessed by a neighbor alone does not meet the requirement, and a remote notarial act must meet the statute's identity and recording requirements.

For a paper record, the notarial certificate must be signed and dated by the notarial officer, identify the jurisdiction, and state the commission expiration date if the officer is a notary. A notary public must affix the official stamp.

Where to Get Notarized

A notary may charge up to $5 per notarial act in North Dakota. Separate travel or technology fees may be charged when permitted by law and agreed to in advance. You can find notary services at:

• Banks and credit unions — many offer free notary service to account holders
• UPS Store locations — walk-in notary service
• County courthouses — the Clerk of Court can serve as the alternative to a notary under the statute
• Insurance agencies and real estate offices — many have a notary on staff
• Libraries — some North Dakota public libraries offer notary services

The parent or legal guardian must appear before the notary when signing, either in person or by communication technology for a compliant remote notarial act performed by a North Dakota notary public located in the state.

Special Circumstances

Incarcerated Parents

If the parent is in a North Dakota correctional facility, contact the facility's case manager or social worker to schedule an internal notary visit. Many facilities have staff notaries or can arrange one.

Important: some institutions photocopy documents instead of providing originals. Schools and medical providers sometimes reject photocopied POAs. Ask the facility for the original wet-ink document or a certified copy.

Parents in Treatment

If the parent is in residential substance use or mental health treatment, the notary or clerk may refuse if not satisfied that the signer is competent or is signing knowingly and voluntarily. Being in treatment does not by itself establish incapacity.

Out-of-State Parents

A parent or legal guardian living in another state can sign and have the POA notarized under that state's law. North Dakota recognizes a notarial act performed in another state by an authorized official; the delegation under N.D.C.C. § 30.1-26-04 still cannot exceed six months.

What the Clerk of Court Option Means

The statute specifically names "Clerk of Court" as an alternative to a notary public. If you can't easily find a notary, contact the Clerk of Court in your county about witnessing the signature.

The North Dakota School and Medical Consent Guide includes a complete POA execution checklist covering each of these scenarios, so the document is done right the first time.

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