FAQs for Power of Attorney

A power of attorney (POA) is a legal document that gives one person (the agent or attorney-in-fact) the authority to act on behalf of another person (the principal). The scope of this authority can be broad or limited, depending on the specifics of the document.

In New Jersey, there are several types of power of attorney. These include General Power of Attorney, giving broad powers to the agent; Limited Power of Attorney for specific situations; Durable Power of Attorney, remaining valid even if the principal becomes incapacitated; Springing Power of Attorney, which activates upon a specific event, often the principal’s incapacitation; and Medical Power of Attorney, authorizing healthcare decisions on the principal’s behalf.

In NJ, to create a power of attorney, select an agent, decide the POA type (general, limited, durable, springing, or healthcare), and draft the document with an attorney. Sign it in front of a notary and give copies to the agent and relevant parties. For real estate transactions, the POA may need to be recorded at the county clerk’s office.

Yes, you can revoke a power of attorney (POA) in New Jersey. As the principal, you have the right to revoke or cancel your POA at any time as long as you are mentally competent.

Yes, a power of attorney can be contested in NJ if there is reason to believe that it was created under duress or if the person who granted power of attorney did not have the capacity to make the decision.

In New Jersey, a power of attorney (POA) can end in several ways such as revocation, death of the principal, incapacity, completion of purpose, expiration date, and death or incapacity of agent.

While it’s not legally required to have an attorney to create a power of attorney (POA) in New Jersey, it’s often recommended. A POA is a powerful legal document that can have significant consequences. An attorney can help ensure the document is properly drafted, covers all necessary areas, meets all legal requirements, and adequately protects your interests.

Yes, in New Jersey you can have multiple POAs for different purposes, like one for healthcare and another for finances. You can assign these to different agents based on their abilities and your trust in them. Also, in a single POA, you can name multiple agents and specify whether they must act together (jointly) or can act separately (severally or independently).

In New Jersey, a power of attorney (POA) becomes invalid upon the principal’s death. Post-death, the principal’s estate is managed by the executor named in their will or by a court-appointed administrator if there’s no will. An agent using the POA after the principal’s death is considered invalid and potentially fraudulent.

A power of attorney is a legal document that allows someone else to make decisions on your behalf. A guardianship, on the other hand, is a legal process where a court appoints someone to make decisions on behalf of someone who is incapacitated and unable to make decisions on their own.

In New Jersey, a power of attorney (POA) cannot be used to make end-of-life decisions. The authority to make decisions regarding medical treatment and end-of-life choices is typically granted through a separate legal document known as an advance directive or a living will.