NEW JERSEY POWER OF ATTORNEY
This power of attorney authorizes another person (your agent) to make decisions concerning your property for you (the principal). Your agent will be able to make decisions and act with respect to your property (including your money) whether or not you are able to act for yourself.
This power of attorney does not authorize the agent to make health-care decisions for you.
You should select someone you trust to serve as your agent. Unless you specify otherwise, generally the agent's authority will continue until you die or revoke the power of attorney or the agent resigns or is unable to act for you.
Your agent is entitled to reasonable compensation unless you state otherwise in the Special Instructions.
If your agent is unable or unwilling to act for you, your power of attorney will end unless you have named a successor agent. You may also name a second successor agent.
This power of attorney becomes effective immediately unless you state otherwise in the Special Instructions.
If you have questions about the power of attorney or the authority you are granting to your agent, you should seek legal advice before signing this form.
DESIGNATION OF AGENT
I, _________, of _________, telephone number _________, and email address _________, name the following person as my agent:
Name of Agent: _________
Agent's Address: _________
Agent's Telephone Number: _________
Agent's Email Address: _________
DURABLE POWER OF ATTORNEY
GRANT OF GENERAL AUTHORITY
I grant my agent and any successor agent general authority to act for me with respect to the following subjects:
- Real Property
- Tangible Personal Property
- Stocks and Bonds
- Commodities and Options
- Banks and Other Financial Institutions
- Operation of Entity or Business
- Insurance and Annuities
- Estates, Trusts, and Other Beneficial Interests
- Claims and Litigation
- Personal and Family Maintenance
- Benefits from Governmental Programs or Civil or Military Service
- Retirement Plans
- Taxes
LIMITATION ON AGENT'S AUTHORITY
An agent that is not my ancestor, spouse, or descendant MAY NOT use my property to benefit the agent or a person to whom the agent owes an obligation of support unless I have included that authority in the Special Instructions.
My Agent(s) is/are entitled to reasonable compensation for services rendered as my Agent(s).
My Agent(s) is/are entitled to reimbursement for reasonable expenses incurred in acting under this Power of Attorney.
My Agent shall maintain accurate books and records of all financial transactions. I, as the principal, or a guardian or conservator appointed for me, and my estate's personal representative may require my Agent to render periodic accounting of his or her acts under this Power of Attorney.
My Agent's accounting shall include all funds handled and all acts performed at any time. If so requested, my agent shall comply with the request within a reasonable amount of time or provide a writing or other record substantiating why additional time is needed. My Agent's compliance with the request within a reasonable amount of time shall not exceed thirty (30) days.
In accordance with section 46:2B-8.13 of the New Jersey “Revised Durable Power of Attorney Act”, the Superior Court may, upon application of any heir or other next friend of the principal, require my Agent to render an accounting if satisfied that I am incapacitated and there is doubt or concern whether my Agent is acting within the powers delegated by the Power of Attorney, or is acting solely for the benefit of the principal.
This power of attorney shall be effective immediately and will continue to be effective until my death, even if I became incapacitated, except as may be provided otherwise by an applicable state statute.
This Power of Attorney may be revoked or terminated by me at any time by providing written notice to my Agent.
RELIANCE ON THIS POWER OF ATTORNEY
Any person, including my agent(s), may rely upon the validity of this power of attorney or a copy of it unless that person knows it has terminated or is invalid.
Dated ____________________, _____, at _________, New Jersey.
| |
___________________________________ | _______________ |
_________ | Date |
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Address: _________
Telephone Number: _________
Email Address: _________
___________________________________ | _______________ |
_________ | Date |
State of New Jersey
_________ County
This document was acknowledged before me on | _______________. |
| (date) |
by ___________________________________
_________
_____________________________________
(Seal, if any)
Signature of Notary: __________________________________
My commission expires: _______________________________
The foregoing power of attorney was, on the date written above, published and declared by
_________
in my presence to be his/her power of attorney. I, in his/her presence and at his/her request, have attested to the same and have signed my name as attesting witness.
___________________________________________
Witness Signature
Witness Name: _________
Witness Address: _________
Witness Telephone Number: _________
IMPORTANT INFORMATION FOR AGENT
Agent's Duties
When you accept the authority granted under this power of attorney, a special legal relationship is created between you and the principal. This relationship imposes upon you legal duties that continue until you resign or the power of attorney is terminated or revoked. You must:
(1) Do what you know the principal reasonably expects you to do with the principal's property or, if you do not know the principal's expectations, act in the principal's best interest.
(2) Act in good faith.
(3) Do nothing beyond the authority granted in this power of attorney.
(4) Disclose your identity as an agent whenever you act for the principal by writing or printing the name of the principal and signing your own name as “agent” in the following manner:
________________________________________________________________________
(Principal's Name) by (Your Signature) as Agent
Unless the Special Instructions in this power of attorney state otherwise, you must also:
(1) Act loyally for the principal's benefit.
(2) Avoid conflicts that would impair your ability to act in the principal's best interest.
(3) Act with care, competence, and diligence.
(4) Keep a record of all receipts, disbursements, and transactions made on behalf of the principal.
(5) Cooperate with any person that has authority to make health-care decisions for the principal to do what you know the principal reasonably expects or, if you do not know the principal's expectations, to act in the principal's best interest.
(6) Attempt to preserve the principal's estate plan if you know the plan and preserving the plan is consistent with the principal's best interest.
The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including the duty of care, the duty of loyalty and the duty of confidentiality. Under no circumstances may the fiduciary use his access to the principal's digital access to impersonate the user.
A fiduciary's or designated recipient's authority with respect to a digital asset of a user is subject to all of the following:
(1) To the applicable terms of service.
(2) To other applicable law, including copyright law.
A fiduciary with authority over the property of a decedent, incapacitated person, principal, or settlor has the right to access any digital asset in which the decedent, incapacitated person, principal, or settlor had a right or interest and that is not held by a custodian or subject to a terms-of-service agreement.
A fiduciary acting within the scope of the fiduciary's duties is an authorized user of the property of the decedent, incapacitated person, principal, or settlor for the purpose of applicable computer-fraud and unauthorized-computer-access laws, including but not limited to the provisions of P.L.1984, c.184 (C.2C:20-23 et seq.) and N.J.S.2C:20-2.
A fiduciary with authority over the tangible, personal property of a decedent, incapacitated person, principal, or settlor, has the right to access the property and any digital asset stored in it and shall be considered an authorized user for the purpose of computer-fraud and unauthorized-computer-access laws, including but not limited to the provisions of P.L. 1984, c.184 (C.2C:20-23 et seq.).
A custodian may disclose information in an account to a fiduciary of the user when the information is required to terminate an account used to access digital assets licensed to the user.
A fiduciary of a user may request a custodian to terminate the user's account. A request for termination must be in writing, in either physical or electronic form, and accompanied by:
(1) If the user is deceased, a copy of the death certificate of the user.
(2) A copy of the letters testamentary or letters of administration, court order, power of attorney, or trust giving the fiduciary authority over the account.
(3) If requested by the custodian.
(a) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account.
(b) Evidence linking the account to the user.
(c) A finding by the court that the user had a specific account with the custodian, identifiable by the information specified above.
Termination of Agent's Authority
You must stop acting on behalf of the principal if you learn of any event that terminates this power of attorney or your authority under this power of attorney. Events that terminate a power of attorney or your authority to act under a power of attorney include:
(1) Death of the principal.
(2) The principal's revocation of the power of attorney or your authority.
(3) The occurrence of a termination event stated in the power of attorney.
(4) The purpose of the power of attorney is fully accomplished.
(5) If you are married to the principal, a legal action is filed with a court to end your marriage, or for your legal separation, unless the Special Instructions in this power of attorney state that such an action will not terminate your authority.
The meaning of the authority granted to you is defined in the "Revised Durable Power of Attorney Act", section 2B-11, Title 46 of the New Jersey Revised Statutes. If you violate the "Revised Durable Power of Attorney Act", or act outside the authority herein granted, you may be liable for any damages caused by your violation.
If there is anything about this document or your duties that you do not understand, you should seek legal advice.