A New Jersey Power of Attorney is a legal document that grants someone (“Agent”) the authority to make important decisions regarding finances, business, or medical matters on behalf of another person (“Principal”).
It is crucial to choose a reliable individual as your POA if you anticipate being temporarily unable to make important decisions, such as paying bills, or if you have concerns about your future ability to make medical choices.
By Type
Durable (Financial)
A durable power of attorney is one that remains valid even when the principal becomes incapacitated.
Signing Requirements: Notary public (§ 46:2B-8.9).
Medical
Provide legal instructions to your caregivers on how to manage your care should you become incapacitated.
Signing Requirements: Two witnesses or a notary public. (§ 26:2H-56).
Limited (Special)
Give limited powers to an agent for specific tasks. The powers typically end when the tasks have been completed.
Signing Requirements: Notary public (§ 46:2B-8.9).
Non-Durable (General)
Give an agent broad powers and the authority to do almost any legal act that you can do.
Signing Requirements: Notary public.
Real Estate
Assign legal authority to a third party (agent) to act on your behalf in matters relating to real estate.
Signing Requirements: Notary public.
Tax (Form M-5008-R)
Assign a named agent to file taxes on your behalf and manage your other tax affairs.
Signing Requirements: Principal and their representative.
Minor (Child)
Allows brief oversight of a child's welfare and learning.
Signing Requirements: Two witnesses.
Revocation
Use to revoke authority given by a previous power of attorney.
Signing Requirements: Notary Public and one witness (§ 46-2B-8.9 and § 46-14-2.1).
