Design and create a comprehensive New Jersey Power of Attorney (POA) tailored to your needs and state’s requirements with the help of step-by-step guidance and expert customizable forms.
Last Update July 26th, 2021
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 allows an Agent to manage your estate for you at all times, even if you fall unconscious or become medically incapacitated.||Yes|
|General||General POAs give Agents control over a wide range of your financial responsibilities. This expires, however, if you fall unconscious or are incapacitated.||No|
|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 right steps 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:
Make sure all the details on the form are correct such as names, addresses, dates, and the powers that are to be granted.
The completed form should be signed by both the Agent and Principal.
It is essential that the signing of the document is viewed by 2 witnesses who must also sign the form.
Alternatively, a notary public may sign instead of the 2 witnesses.
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.
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 . 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.