Free New Jersey Durable Power of Attorney Forms
A power of attorney (POA) is a legal document that allows one person to make decisions on another’s behalf.
A New Jersey durable power of attorney is a POA that allows the authorized person, known as the agent, to continue to make decisions even after the principal becomes incapacitated.
New Jersey Medical Power of Attorney Laws
- New Jersey Statutes Chapter 46:2B-8.3 - The Revised Durable Power of Attorney Act sets the provisions for the legal document. It states that the form must explicitly state: “This power of attorney shall become effective upon the disability or incapacity of the principal” or similar phrases with the same meaning.
Signing Requirements in New Jersey
A New Jersey durable POA must be signed by a competent adult. This means that the principal must be of sound mind upon signing the printable document.
In order to render the document legal, it must be signed in the presence of a notary public in New Jersey.
How To Write a Durable POA in New Jersey
You can create your own durable POA in New Jersey as long as it fulfills the state's requirements. Download a template online, which makes the process more convenient.
Here are the steps for writing a durable POA:
1. Talk to your prospective agent
The point of the durable POA is to have someone who acts for you when you can no longer think or act for yourself. You need someone you trust with your life and assets to be your agent.
As an agent or attorney-in-fact, they will be making important financial decisions on your behalf if you become incapacitated. The durable POA must be complemented with a medical power of attorney for health decisions.
When you know who to name as an agent, you need to ask for their permission to be on the document. You must explain to them what you want, financially and medically, so they can carry out your wishes when the time comes.
2. Designate the agent’s powers
What responsibilities are you going to pass on to your agent? Note and explain these important details to your trusted individual. The duties can be as simple as picking up mail or as complex as making long-term financial and health decisions.
3. Download and fill out a New Jersey Durable POA template
Make sure to download your New Jersey durable POA template. Every state has different statutes, so the template you downloaded must be acceptable in New Jersey.
At this point, you will need another sit-down conversation with your agent, so you can discuss specific details, such as when the document becomes effective and setting up payment schedules. It is best to reiterate the agent’s duties and discuss your preferences.
One of the requirements for the New Jersey durable POA is that it must contain the following statement or a similar phrase: “This power of attorney shall become effective upon the disability or incapacity of the principal.”
4. Sign the document
New Jersey requires that the principal sign the durable POA in front of a notary public. This ensures they are perfectly competent upon signing and approving the legal document.
5. Use the New Jersey Durable POA
The durable POA is now legal and enforceable. When signing documents on the principal’s behalf, the agent must write the name of the principal followed by the word “by” and then the agent’s signature. It must end with the phrase “acting as attorney-in-fact.”