A power of attorney is a written document by which a person, called the principal, authorizes another person, known as the attorney-in-fact, to perform specified acts as the principal's agent. In New Jersey, typically three types of power of attorney documents are used: general, limited and durable.
General power of attorney instruments will authorize your agent to act on your behalf in a variety of situations, including financial matters. Limited directives are only valid in certain situations or for a specific amount of time. A durable power of attorney document can be used to appoint an attorney-in-fact to make decisions for you regarding healthcare.
Some other directives your power of attorney should provide to your agent include where your assets are to be transferred should you become disabled, directions regarding dealing with the Internal Revenue Service, and the power to make financial decisions on your behalf.
Arrange for two people to act as witnesses when you sign your power of attorney document, or check to make sure that your attorney has made these arrangements. These persons must be able to state that you executed the document willingly, without pressure, and were fully aware of your actions at the time.
Notary publics can be found at banks, law firms and hospitals , and their services are typically performed free or for a nominal fee. Also Read: My Father Is Incompetent & I Need to Become the Power of Attorney.
While this is not absolutely necessary, an attorney will be able to make sure that your power of attorney is legal in the state of New Jersey, review the language and wording of the document, offer legal advice regarding your choice of an agent and help assemble witnesses and a notary. Use a power of attorney form that is acceptable in the state ...
New Jersey power of attorney forms are utilized to grant authority from a person to another and handle the affairs related to finances and health care. The person giving power (“principal”) will have the choice of handing over limited or unrestricted power to the other person (“agent”). In addition, the principal may also elect to have the form be “durable”.
Medical Power of Attorney – Allows a person to appoint someone to act on their behalf with regard to health care decisions.
General (Financial) Power of Attorney – Just like the durable form in that it conveys certain powers over property and assets, but instead of staying in effect upon the principal’s incapacity, it becomes void, upon incapacity. Signing Requirements ( § 46:2B-8.9 ): Notary public.
A general power of attorney lets the principal authorize the agent to act on their behalf in all matters, as allowed by the state of New Jersey. It comes into effect upon signing and ends when the principal becomes incapacitated or mentally incapable of making decisions for themselves.
A durable POA in NJ authorizes an agent to have power over the principal’s:
DoNotPay is the world’s first robot lawyer that’s here to deliver no matter the type of assistance you need. Are you frustrated by greedy companies? So are we—that’s why we created a plethora of products that will help you fight money-hungry corporations:
An attorney-in-fact isn’t authorized to change, alter, or revoke a will.
If you want to create a durable POA in New Jersey, you will have to meet specific requirements within the document. Check out the table below for more details:
Once a New Jersey Power of Attorney is signed and notarized, it can be used by the Agent to carry out duties for the Principal. In order to prove they have the authority to act for the Principal, the Attorney-in-Fact must bring the signed copy of the agreement to the place where they will sign a document on the appointing individual’s behalf.
If on the other hand, you wish to revoke the NJ Power of Attorney of an already incapacitated family member, you will have to write to the Agent to ask them to formally step down as POA. If they refuse, you may then need to take the matter to court and appoint guardianship to render the powers of the Agent inactive.
Using a Vehicle POA allows an Agent to buy and sell vehicles for you and to manage other ownership tasks such as registering titles with the DMV and updating official documentation.
By granting Power of Attorney to someone you allow them to hold a large amount of responsibility for your financial or even bodily wellbeing. An Agent therefore must be someone you know will take the actions that serve these interests best.
The Agent must then sign their name on the signature line for the signee and must print their own name next to the name of the Principle on the form. They must also indicate that they are signing on behalf of the Principle as their Power of Attorney.
Alternatively, the task of creating a POA can be left to a lawyer. However, this is usually a more time-consuming and costly process.
In New Jersey, there are 4 types of power of attorney documents that are commonly used:
Of course every situation is different and it is important that your power of attorney and all legal documents are drawn correctly to insure your health, your peace of mind, and your legacy.
A Durable POA goes into effect immediately and is commonly used to appoint an attorney-in-fact to make decisions for you regarding healthcare. This is sometimes used with elderly individuals preparing for the onset of Alzheimer’s or other debilitating diseases and gives a child broad leverage to manage their affairs even after they become incompetent. A durable power of attorney ends only upon the death of the principle.
This kind of POA grants an individual only particular rights to act in a particular area and can have a time limit which expires. For instance the POA you grant your lawyer in a real estate closing is typically of this type. Limited directives find use in elder law when individuals are temporarily incapacitated or need help with only one area of personal management.
A “power of attorney” or POA, is a written document in which a person, called the principal, authorizes another person, known as the attorney-in-fact, to perform certain duties as the principal’s agent.
As the name suggests, this POA springs into effect when and only when the principal becomes incapacitated. While that sounds perfect for many situations, in reality the burden of proof for legally establishing that the “springing event” has occurred is on the principal and can sometimes be difficult to establish for the state. Most attorney’s prefer the durable POA for that reason.
This point bears restating: If the principle becomes incompetent due to mental or physical illness, a general POA becomes invalid. It is only valid while the principle is competent enough to agree to have control relinquished on their behalf. This is the primary difference between an general Power of Attorney and a “Durable” Power of attorney.
New Jersey Motor Vehicle Power of Attorney Form, is used to convey power on another to handle titling and registration of motor vehicles in New Jersey. This is a limited power of attorney that may only be used to situations pertaining to motor vehicles and the motor vehicle commission.
The next section is presented for the use of the Notary Public. The completed form will require the Notary Public to view this signing in order to supply the items in this section and notarize the signing.
It should be mentioned, it would be considered wise in all cases (and mandatory in most) to have the next page filled out by an Inspection Station before the Notarized Principal Signing