• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Legal Templates

Legal Templates
  • Business Forms
    • Business Formation
      • LLC Operating Agreement
      • Articles of Incorporation
      • Shareholder Agreement
      • Partnership Agreement
      • Business Purchase Agreement
      • Joint Venture Agreement
      • Single-Member LLC Operating Agreement
    • Business Operations
      • Letter of Intent
      • Non-Disclosure Agreement (NDA)
      • Non-Compete Agreement
      • Invoice Template
      • Purchase Order
      • Hold Harmless Agreement
      • Release of Liability Form (Waiver)
      • Buy-Sell Agreement
      • Construction Contract
      • Licensing Agreement
    • Employment
      • Independent Contractor Agreement
      • Employment Contract
      • Freelance Contract
      • Leave of Absence Letter
      • Leave of Absence Agreement
      • Resignation Letter
    • Cease and Desist Letter
      • Copyright Infringement
      • Debt Collection
      • Defamation
      • Harassment
      • Trademark Infringement
  • Real Estate Forms
    • Lease Agreements
      • Lease/Rental Agreement
      • Sublease Agreement
      • Room Rental Agreement
      • Month-to-Month Lease Agreement
      • Commercial Lease Agreement
      • Short Term Lease Agreement
      • Land Lease Agreement
      • Lease Renewal
      • Lease Amendment
    • Lease Termination Letter
      • Eviction Notice
      • Notice to Vacate
      • Early Lease Termination Letter
      • Late Rent Notice
    • Deeds & Property
      • Warranty Deed
      • Mortgage Deed
      • Quitclaim Deed
      • Deed of Trust
      • Mechanic’s Lien
      • Property Management Agreement
    • Rental Application
    • Real Estate Purchase Agreement
    • Employment Verification Letter
  • Estate Planning Forms
    • Power of Attorney
      • Medical Power of Attorney
      • Durable Power of Attorney
      • Revocation of Power of Attorney
    • Wills
      • Living Will
      • Last Will and Testament
      • Codicil to Will
    • Advance Directive
    • Living Trust
    • DNR Form
  • Finance Forms
    • Loans
      • Promissory Note
      • Loan Agreement
      • IOU
      • Demand For Payment Letter
    • Bill of Sale
      • Vehicle Bill of Sale
      • Boat Bill of Sale
      • Firearm Bill of Sale
      • Horse Bill of Sale
      • Trailer Bill of Sale
    • Sales & Purchases
      • Sales Agreement
      • Purchase Agreement
      • Gift Affidavit
      • Stock Purchase Agreement
  • Personal/Family Forms
    • Affidavits
      • Affidavit of Death
      • Affidavit of Domicile
      • Affidavit of Heirship
      • Affidavit of Identity
      • Affidavit of Residence
      • Affidavit of Service
      • Affidavit of Title
      • Financial Affidavit
      • Gift Affidavit
      • Small Estate Affidavit
    • Marriage
      • Divorce Agreement
      • Prenuptial Agreement
      • Cohabitation Agreement
      • Separation Agreement
      • Postnuptial Agreement
    • Child & Pet Forms
      • Child Medical Consent
      • Child Travel Consent Form
      • Child Custody Agreement
      • Pet Care Agreement
    • Medical Records Release Form
  • Resources
    • All Legal Documents
    • Article Categories
      • Business
      • Estate Planning
      • Financial
      • Personal & Family
      • Real Estate
  • Help
    • Email Us
    • Contact Us
    • About Us
  • Sign In
  • :email
    • Dashboard Home
    • My Account
    • My Billing History
    • Sign Out
  • Help
    • Contact Us
    • Email Us
    • About Us
    • (855) 335-9779 Monday-Friday, 10AM - 6PM EDT
  • Sign In
  • :email
    • Dashboard Home
    • My Account
    • My Billing History
    • Sign Out

Home Legal Documents Power of Attorney Durable New Jersey

New Jersey Durable Power of Attorney

Use our New Jersey Durable Power of Attorney form to let someone make legal and financial decisions for you if you become incapacitated.

Published December 28, 2020

A New Jersey durable power of attorney form is a document that grants someone (the “agent”) the legal authority to act and make decisions for another person (the “principal”) in the state of New Jersey.

Unlike a regular non-durable power of attorney (POA), a durable power of attorney (DPOA) stays in effect even if the principal becomes incapacitated and legally can’t make their own decisions.

This form is sometimes called a general durable power of attorney and a durable power of attorney for finances, and is used for financial and business matters. To grant durable power over medical decisions, you need a medical power of attorney.

Download a legally-binding New Jersey durable power of attorney form in fillable PDF and Word formats, and learn how to use it in the Garden State.

Table of Contents
  1. New Jersey Durable Power of Attorney Requirements
  2. How to Fill Out a New Jersey DPOA Form
  3. Storing and Using Your Form in New Jersey

1. New Jersey Durable Power of Attorney Requirements

In New Jersey, power of attorney forms can be made durable by including the following or similar language:

“This power of attorney shall not be affected by subsequent disability or incapacity of the principal, or lapse of time.”

“This power of attorney shall become effective upon the disability or incapacity of the principal.”

Relevant Laws: §§ 46:2B-8.1 — 46.2B-19 (Revised Durable Power of Attorney Act)

Presumed Durable: No. § 46:2B-8.2(b)

Signing: Signature required by the principal and at least one witness.

Notarization: Signatures must be completed in front of any one of the authorized officers listed in § 46:14-6.1. (§ 46:2B-8.9)

Statutory Form: No

The durable power of attorney template on this page includes all required language and complies with New Jersey DPOA laws and regulations.

2. How to Fill Out a New Jersey DPOA Form

Follow these steps to easily complete our blank durable power of attorney form for New Jersey:

Step 1: Designate an Agent

First, the principal chooses someone they trust to be their agent. It’s critical that the principal fully understands what power of attorney is and the risks involved in giving legal power to another person.

Both parties write their names and addresses at the top of the durable power of attorney form.

Step 2: Grant Authority

The principal needs to mark on the form which areas of their life they want to give the agent legal power over. This can be general authority (e.g., operation of a business) or specific authority (e.g., make a loan).

They can also write specific instructions about which actions the agent can perform on their behalf.

Step 3: Ensure Your Form is Durable

For the power of attorney to continue even if the principal is incapacitated, the form must be made durable.

In New Jersey, you must include specific language to make your POA form durable.

Step 4: Sign and Date the Form

To complete the paperwork, the agent and the principal sign and date the durable power of attorney form.

Don’t forget that in New Jersey, your form also needs to be signed by at least one witness and notarized by one of the following:

  • An attorney-at-law
  • A notary public
  • A county clerk or deputy county clerk
  • A register of deeds and mortgages or a deputy register
  • A surrogate or deputy surrogate
  • Any officer of the United States or foreign nation authorized by law to take acknowledgments in their jurisdiction

3. Storing and Using Your Form in New Jersey

After completing your durable power of attorney form, you should store it in a safe deposit box or secure place in your home.

To use the durable power of attorney, you need to give your agent a copy of the form. You should also give a copy to family members, a trusted friend, and third parties where it will be used (such as your landlord, bank, or a state agency).

Signing on Behalf of the Principal

For an agent to sign on your behalf, contact the third party or place the DPOA will be used, and provide your ID and that of your agent.

The agent can then sign on your behalf as follows:

[Principal’s name]
by [Agent’s name]
Power of attorney

Your agent can use a power of attorney to conduct almost any legal matter that you can do (if granted the authority).

Revoking a Durable Power of Attorney in New Jersey

A principal can revoke a power of attorney at any time by completing and filing a revocation of power of attorney.

Although a durable power of attorney can’t be revoked if the principal is already incapacitated, it’s possible for a third-party individual to override a power of attorney if they suspect an agent of abuse or negligence.

Although an agent has a ‘fiduciary duty’ to act in the principal’s best interest, this is not always the case. You should always choose someone you trust to be your agent.

Durable Power of Attorney: In Other States

  • Delaware
  • Louisiana
  • New York
  • Pennsylvania
  • Rhode Island
  • District of Columbia

New Jersey Will & Estate Planning Documents

View All Documents

Assign Power of Attorney

  • New Jersey Health Care Proxy
  • New Jersey Power of Attorney
New Jersey Durable Power of Attorney 
PDF Word

Free New Jersey Durable Power of Attorney Form

Create Your New Jersey Durable Power of Attorney in Minutes!

Legal Documents

  • All Legal Forms
  • Bill of Sale Forms
  • Quitclaim Deed
  • Cease and Desist
  • Last Will and Testament
  • Articles of Incorporation

Popular Forms

  • Lease Agreements
  • Power of Attorney Forms
  • Eviction Notice
  • Living Will
  • Non-Disclosure Agreement

Resources

  • Business
  • Estate Planning
  • Financial
  • Personal & Family
  • Real Estate

Company

  • Home
  • Blog
  • About Us
  • Contact Us
  • Partner With Us

Users

  • Account
  • Pricing
  • Terms of Use
  • Privacy Policy
McAfee - Together is power.
Trustpilot
BBB Accredited Business

(855) 335-9779, Monday-Friday, 10AM - 6PM EDT

Facebook Twitter LinkedIn

Copyright 2021 Legal Templates LLC. Legal Templates LLC is not a lawyer, or a law firm and does not engage in the practice of law. Legal Templates cannot and does not provide legal advice or legal representation. All information, software and services provided on the site are for informational purposes and self-help only and are not intended to be a substitute for a lawyer or professional legal advice. Use of this site is subject to our Terms of Use.