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Types of Power of Attorney in New Jersey

Before starting a New Jersey Power of Attorney it is critical to know what type of POA to create. There are many different varieties of these legal instruments and each grants different kinds of powers from a Principal to an Agent or Attorney-in-Fact.

The most common variants available in New Jersey include the following examples:

Type of POA Uses Usable After Incapacity?
Durable A durable POA "durable power of attorney") allows an Agent to manage your estate for you at all times, even if you fall unconscious or become medically incapacitated. Yes
Limited Limited POAs grant an Agent responsibility over specific, normally one-off, tasks. These forms are usually time limited, only giving your representative authority for a short period of time. Yes (if durable)
Medical Medical POAs allow you to delegate important healthcare decisions to your Agent. This can then be used when urgent choices regarding treatment need to be made when you?re unconscious. Yes
Vehicle (DMV) 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. Yes (if durable)
Springing A Springing POA allows an Agent to act for you when certain conditions or criteria occur. For example: the Power of Attorney may only become active if you are unconscious or are unavailable for a period of time. Yes (if durable)
Minor (Child) With a Minor POA, you can delegate your parental rights over a child to your Agent temporarily. This might be necessary if you are seriously ill, serving in the military or have to travel for work purposes. Yes (if durable)
Tax With a Tax POA, your Agent may represent you and sign documents on your behalf at the local New Jersey's tax office. Yes (if durable)

How to Get a Power of Attorney in New Jersey

A New Jersey Power of Attorney can be filled in fully online with our step-by-step form completion survey. All you need to do is answer the questions and add in your own information to create a fully complete POA tailored to your necessities.

Alternatively, the task of creating a POA can be left to a lawyer. However, this is usually a more time-consuming and costly process.

Also, some pre-prepared forms for Vehicle POAs can be obtained directly from a New Jersey Motor Vehicle Commission site. However, it is recommended to seek the help of an attorney in order to fill the document properly.

New Jersey Power of Attorney Requirements

In order to make sure your POA is fully valid upon completion and signing, you must make sure that you follow the requirements to prepare your New Jersey Power of Attorney document before successfully putting it into action.

To do this you will need to meet the following criteria:

  1. Make sure all the details on the form are correct such as names, addresses, dates, and the powers that are to be granted.
  2. The completed form should be signed by both the Agent and Principal.
  3. It is essential that the signing of the document is viewed by a witness who must also sign the form.
  4. A notary public must also be present at the signing to notarize the document.
  5. In the event that the POA will be used to manage real estate, the document must be filed with the clerk of the county where the property is located 30 days after signing.

In addition to these steps, it is crucial that all the signing parties are legally able to enter into this agreement. This means that they must:

  • Be over 18 years of age.
  • Be mentally competent enough to enter into a contractual agreement.
  • Understand the powers that are being granted.

Lastly, the Agent must be a legal adult or a financial institution with trust powers, a registered place of business within the state and that has the authority to carry out trust business in New Jersey. They should also be someone that the Principal has full confidence in.

New Jersey Power of Attorney Sample

Before starting your own New Jersey Power of Attorney, it can help to look over an example document to understand how your final draft will look and what it will say. Simply view our POA sample now to get a feel for how these documents are written and appear once completed.

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Power of Attorney New Jersey Sample

FAQs About New Jersey Power of Attorney Forms

It is important to have a good understanding of what New Jersey Power of Attorney forms can do before filling in your own. Read through our FAQs below to get a better idea of the key information needed as well as any other special considerations.

How to Sign as a Power of Attorney?

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.

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.

Who Should Be Your New Jersey POA Agent?

When choosing the right Agent for your New Jersey POA, it is essential to pick a person (or people) that you trust implicitly.

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.

Who Can Override a New Jersey Power of Attorney?

There are a few ways to override a Power of Attorney. First of all, you can simply revoke it, as the Principal retains the right to remove the powers at any time.

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.

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Power of Attorney New Jersey Sample

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NEW JERSEY POWER OF ATTORNEY
IMPORTANT INFORMATION
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.
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.
EFFECTIVE DATE
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.
SIGNATURES

Dated ____________________, _____, at _________, New Jersey.

  
__________________________________________________
_________Date
  


Address: _________
Telephone Number: _________
Email Address: _________

__________________________________________________
_________Date

NOTARY ACKNOWLEDGMENT

State of New Jersey
_________ County



This document was acknowledged before me on _______________.
 (date)



by ___________________________________
     _________



_____________________________________
(Seal, if any)



Signature of Notary: __________________________________

My commission expires: _______________________________
WITNESS ATTESTATION
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.
Liability of Agent
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.
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