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A New Jersey power of attorney is a legal document that grants a person the authority to act on behalf of another person in financial, legal, medical, and other affairs.
The party that issues a power of attorney is called the “principal.” The party that is authorized to represent the principal is called the “agent” or the “attorney-in-fact.”
The New Jersey power of attorney includes information about the principal and the agent, the scope of powers granted to the agent, and the moment the power of attorney comes into effect and its duration. Moreover, the power of attorney will also include the technical and legal provisions and, finally, the signatures of the principal, agent, and notary.
Types of Power of Attorney in New Jersey
New Jersey Durable (Statutory) Power of Attorney Requirements
This type of New Jersey power of attorney can be used to appoint the agent to handle the legal, financial, medical, or any other matter on behalf of the principal. It stays effective even after the principal becomes incapacitated.
New Jersey General (Financial) Power of Attorney Requirements
The principal can use the general New Jersey power of attorney to authorize the agent to represent them in all of their matters. Here, the principal does not specify the actions the agent is allowed to take but rather gives them the broad authority to represent them before all third parties and take all the necessary actions that are in the principal's interest.
New Jersey Limited (Special) Power of Attorney Requirements
Unlike the general power of attorney, this type provides a list of actions an agent is allowed to take, as well as a list of organizations the agent can interact with on behalf of the principal.
The special power of an attorney is often limited to a specific action, and its effectiveness stops after the action is completed.
New Jersey Parental (Minors) Power of Attorney Requirements
The parent of the minor's guardian can use the parental power of attorney to authorize another person to make decisions related to the minor’s healthcare, education, and other matters. In New Jersey, this kind of power of attorney is valid for no longer than 6 months. (§ 3B:12-74)
New Jersey Medical Power of Attorney Requirements
The principal uses this kind of power of attorney to authorize another person to make decisions about their health care and medical treatment. This is for cases when they become incapacitated or are unable to make sound decisions regarding their health.
New Jersey Springing Power of Attorney Requirements
If you want your power of attorney to become effective only after a certain date or certain event, you should draft a springing power of attorney. Principals usually set their incapacity as the event that will put a power of attorney into effect.
New Jersey Vehicle Power of Attorney Requirements
This type of New Jersey power of attorney can be used to authorize an agent to buy or sell the vehicle, apply for the title transfer, or apply for the vehicle registration at the New Jersey MVC.
New Jersey Revocation Power of Attorney Requirements
If you want to revoke the previously issued power of attorney, you can use the revocation power of attorney form. You just need to provide the details about the power of attorney you are revoking and later make sure all relevant parties are familiar with the fact that the power of attorney is revoked.
New Jersey Tax Power of Attorney Requirements
The principal uses the New Jersey tax power of attorney to authorize their accountant or tax advisor to represent them before the New Jersey tax authorities. This often includes obtaining tax-related information about the principal, filing tax reports on their behalf, and other tax-related activities.
New Jersey Real Estate Power of Attorney Requirements
If you want to authorize your real estate agent to complete the real estate transaction on your behalf or if you want someone to manage your property while you are away, you can use a real estate power of attorney.
Legal Requirements for a Power of Attorney in New Jersey
For the New Jersey power of attorney to be valid and effective, it must meet the following conditions:
Legal Requirements
Witnesses. In the case of the medical power of attorney or the advance directive, the document must be authorized by the two adult witnesses. A healthcare representative cannot serve as a witness in this case. If the principal is issuing a power of attorney transferring some powers related to the minor, two witnesses must also acknowledge the document.
Mental capacity. The principal must understand the nature of their acts when signing the power of attorney for this document to be valid.
Signature. Every New Jersey power of attorney must be signed by the principal. Alternatively, the document can be signed by another person instructed by the principal in their presence.
Notarization. Every power of attorney in New Jersey must be acknowledged before the notary public. (§ 46:2B-8.10)
Who Can Be an Agent for a Power of Attorney in New Jersey?
An agent in New Jersey doesn’t have to be a lawyer. It can be any person over 18 years old who has the legal capacity.
However, it’s important to choose someone who is trustworthy, responsible, and capable of carrying out the duties specified in the power of attorney. The principal should also make sure the agent is willing to take on the responsibility of being an agent.
In some cases, you must choose an agent who has certain professional knowledge. For example, if you are creating a tax bill of sale, you should authorize your accountant or someone with the necessary knowledge about taxation as your agent.
How to Create a New Jersey Power of Attorney
Power of Attorney in New Jersey
#1. Decide on Which Type of Document to Use
To choose the type of New Jersey power of attorney that best suits your needs, you must consider the following:
Matters in which you need an agent to represent you (legal affairs, taxes, medical, etc.)
Scope of authority you want to delegate to your agent (general or special)
The moment you want your power of attorney to become effective
#2. Select an Agent
You should select a person who is older than 18, has legal capacity, and is willing to represent you.
Additionally, you can name a couple of co-agents that can act together or a subsidiary agent that will act in case the primary agent is not able to represent you.
#3. Define the Agent’s Powers
You can give your agent the general power to represent you in every matter and before every third party. You can also determine the list of authorities and powers you are delegating to your agent by drafting the limited New Jersey power of attorney.
#4. Download & Fill in Our Form
By downloading the New Jersey power of attorney template from our website and filling out your details, you can be sure your document is in line with all the state regulations and that your interests will be protected.
#5. Get It Signed & Notarized
After you’ve created the New Jersey power of attorney, make sure the principal signs the document and the document is acknowledged by the notary public or other relevant body.
#6. Safely Store the Original Copy
The principal should store the original copy of the power of attorney and provide the agent with a copy they can use to prove their capacity.
#7. Provide Copies to Relevant Parties
Besides the agent, all the third parties interacting with the agent should also be provided with a copy of your power of attorney for their reference.
#8. Update the Document as Needed
Every time some of the details in the power of attorney change, you must update the document by issuing a new power of attorney with the updated information.
How Long Does a Power of Attorney Last in New Jersey?
The New Jersey power of attorney can take effect either right after the principal’s signature or through the "springing effect," where it becomes effective after a certain date or event.
As for its termination, the principal has the authority to revoke it, while the agent can resign from it. Additionally, if the document is not created as a durable power of attorney, it terminates after the principal becomes incapacitated.
New Jersey Power of Attorney FAQ
You should create a power of attorney for every situation in which you are not able to represent yourself personally for any reason.
A power of attorney enables another person to act on your behalf and protect your interests in the same way you would.
In New Jersey, every power of attorney must be acknowledged by the notary public or other relevant body.
Even if you already have a will, you should also create a power of attorney. The main difference between these two documents is that the will protects your interests and distributes your wealth after you’ve passed away, while the power of attorney will protect you during your lifetime.