A Power of Attorney Form in NJ is a confidential legal document that authorizes its resident (officially referred to as the principal) to delegate powers to someone else (officially referred to as the attorney-in-fact or agent) who will be able to act on their behalf when situations concerning financial, medical, or other personal-life-related decisions arise.
This is a thoughtful plan for a time in the future when a person might be incapacitated or unavailable to act when there is a dire need to.
Are you from New Jersey and want to know how to get a power of attorney form? Are you just coming across the term “Power of Attorney form for NJ” and wholly perplexed why it concerns you?
This article covers the basics of power of attorney, the different types, and the steps required to get one as a New Jersey resident.
The 8 Types
If you search for a power of attorney form in New Jersey, you need to know that not all the forms you might find will be legal in the state. To ensure that you get your hands on the correct forms, please, carefully go through the details on each type that we have highlighted for you below:
Durable (Financial) Power of Attorney
A New Jersey durable power of attorney form grants you (“principal”) the ability to designate a third party (“agent”) as an authorized legal representative of your financial affairs if you become incapacitated. Financial transactions and obligations can be quickly completed by this reputable agent you trust and who has demonstrated their ability to handle your affairs.
“Durable” as a legal context here means that the agent’s power is still valid even if the principal is an unconscious patient, becomes mentally disabled (Dementia), or AWOL.
Laws and requirements
- Usually, agents get compensation for their act of service under this agreement. Whether or not the agent will get compensated should be stated under the Special Instructions section of the form.
- Statutes: The document may state that the power will not be affected by the principal’s disability or incapacity nor will the power be affected by the lapse of time or that the power will become activated as a result of the principal’s disability or incapacity, New Jersey Revised Durable Power of Attorney Act, New Jersey Revised Statutes Section 46:2B.
- To execute this document, ensure it is signed by you (principal) and the agent in the presence of a notary public.
Download: Microsoft Word (.docx)
General (Financial) Power of Attorney (non-durable)
A New Jersey general (financial) power of attorney form grants you the ability to appoint a representative who may act in your interest on financial matters. Undoubtedly, both the general (financial) power of attorney and the durable (financial) power of attorney involve the transfer of authority on financial affairs. But, in contrast to a durable power of attorney, a general power of attorney becomes invalid if the principal is deemed incapacitated.
This implies that you should go for a durable POA if you want your agent to have unrestricted authority over your financial affairs.
Laws and requirements
- Statutes: “This act shall be known and may be cited as the Revised Durable Power of Attorney Act (§§ 2B-8.1 — 2B-19).
- Signatures of the principal and agent should be implemented on the document and authorized by a notary public, NJ Revised Statutes Section —. JSA 46:2B-8.9 .
Download: Microsoft Word (.docx)
Limited Power of Attorney
A New Jersey limited power of attorney form is the appropriate legal step if you only want to give an agent the right to perform specific tasks on your behalf while limiting the agent’s responsibility to a time frame. Or, it could be under the revocable clause, which means that it can be retracted at any point before the agreed time. When power is revoked, all the previous or ongoing acts performed by the agent stop immediately.
Notably, the principal should provide as much detail and information as possible into when, why, and where they will lend out their powers for full disclosure. Once a Declaration of Authority has been fully executed by the principal and agent, it’s advised that they and the entities involved should be presented with the copies of the document.
Laws and requirements
- Statutes: “Nothing in this act shall be deemed to give an agent any greater authority or rights than the principal could exercise on his own behalf”, Revised Durable Power of Attorney Act (§§ 2B-8.1 — 2B-19.
- “A power of attorney must be in writing, duly signed and acknowledged in the manner set forth in NJ Revised Statutes Section —. JSA 46:2B-8.9
- A notary public must authorize the document.
Download: Microsoft Word (.docx)
Medical Power of Attorney
If a person is physically or mentally disabled, they may be unable to decide on their health care. In such a case, a New Jersey medical power of attorney form allows you to appoint someone as your legal representative on decisions regarding your health.
Due to the sensitivity regarding health matters, it’s essential to appoint a person with whom you have a close relationship but someone who has immense respect for serving others and ensuring their well-being above all else.
It is recommended that the principals seeking the authority of medical power of attorney should grant Living Wills because these documents may affect one another and serve complementary purposes. Living Will is a legal document that defines a person’s desired end-of-life treatment plan and options.
Laws and requirements
- Two witnesses must sign the document (healthcare representative cannot act as a witness), the document must authorize notary publicity as stated in NJ Revised Statutes Section 26:2H-56.
- Agent’s duties — 26:2H-61
- Statute 1— 26:2H-55
- Statute 2— 26:2H-57
Download: Microsoft Word (.docx)
Minor (Child) Power of Attorney
New Jersey minor power of attorney, also known as Designation of Standby Guardian, is a form that legally allows for the transfer of parental authority to a third party (agent). The primary caretaker is responsible for ensuring that the emotional and physical well-being of the child(ren) are taken care of under prevailing laws as set forth by their parents or guardians. This might include schooling, medical help, and other necessities.
The powers granted by a New Jersey child power of attorney form are limited to a six (6) month period or a shorter period as indicated in the paperwork. Otherwise, the form may be modified or revoked by either parent or guardian. However, if the principal (parent/guardian) becomes incapacitated, the agent’s authority remains valid.
Laws and requirements
- Laws — 3B.12.67 to 3B.12.78
- Agent’s duties — 3B.12.52
- The parent or legal custodian (principal) can designate a person to sign on their behalf if they are unavailable to do so, so far, it’s due to their request. They are to sign in the presence of the two witnesses and the parent or legal custodian, NJ Revised Statutes Section 3B.12.74.
- A notary public must authorize it.
Download: Microsoft Word (.docx)
Revocation of Power of Attorney
A New Jersey Revocation of Power of Attorney Form is the legal form that must be used to revoke a previously accepted power of attorney officially. In NJ, there are specific time restrictions for giving notice that you have revoked your POA form. Make sure to send copies to your agent and anyone else who may have access to the original POA so that they can understand clearly that they are no longer representing you and so that they do not accidentally continue to perform as an agent on your behalf without properly being advised by you of the revocation.
Laws and requirements
- Two witnesses must sign the document.
- A notary public must authorize it.
This means that, all executed originals are physically destroyed or the principal’s intent has signed and has been acknowledged in the manner set forth in, NJ Power of Attorney Revised Status 46:14-2.1 Unless if the condition is set, execution of a new power of attorney does not revoke an already existing power of attorney
Download: Microsoft Word (.docx)
Tax Power of Attorney (Form M-5008-R)
A New Jersey tax power of attorney may be used to appoint a trustworthy person to handle tax matters. This is also known as the Division of Taxation Appointment of Taxpayer Representative. The principal in the document will have greater discretion when exercising their choices. At any time, they can make specific directives that they would like the agent representing them to abide by.
Laws and requirements
- It must be signed by the Taxpayer(s) and representative (s) to execute this document.
Download: Microsoft Word (.docx)
Vehicle Power of Attorney
A New Jersey motor vehicle power of attorney form is a document that a vehicle owner (principal) can use to transfer the legal ability to make decisions concerning their vehicle authority to someone else (agent). This responsibility covers aspects such as titling and registration. Notably, the document is only authorized for motor vehicles and motor vehicle commission matters.
Laws and requirements
- The form should include the principal and the agent’s names, addresses, and social security numbers.
- As a principal who is the one who initially has the accurate details about the affairs of your vehicle, it is vital to include all vehicle details (make, model, year of the vehicle, its identification number, and present odometer reading) in the form in other to complete the whole process of transferring the legal authority of your vehicle to the agent.
- All applications for registration and titling will be handled by The New Jersey Motor Vehicle Commission (MVC). And, you request for it and submit it at a vehicle center nearest to you through appointment.
- A notary public must authorize the documents.
Download: Microsoft Word (.docx)
Advance Directive Power of Attorney
A New Jersey advance directive power of attorney form is a legal document that allows a principal to direct future actions if they are unable to provide consent when those decisions are needed. In addition, an advance directive includes a Medical Power of Attorney (also known as a proxy directive), which appoints an agent, you trust to make healthcare decisions for you if you lack the capacity to communicate your wishes due to an emergency or advanced illness.
Laws and requirements
- Two witnesses must sign the document.
- A notary public must authorize it.
- Agent’s Duties — 26:2H-61
- Laws — § 26:2H-53 – 26:2H-78 (New Jersey Advance Directives for Health Care Act)
- Statute — 26:2H-55
Download: Microsoft Word (.docx)
Living Will Power of Attorney
A New Jersey living will power of attorney (aka “Instruction directive”) is a legal form that ensures the process of making medical decisions go smoothly, should something happen to you (principal). These instructions are the principal’s wishes when it comes to medical care or other situations while letting physicians know if they should proceed or refrain from administering specific treatments when the principal cannot express their wishes. It will also allow them to appoint a health care agent, someone who will act on your behalf if you are incapacitated and unable to express your wishes through the Medical Power of Attorney.
Laws and requirements
- Two witnesses must sign the document.
- A notary public must authorize it.
- Laws — 26:2H-64
- Statute — 26:2H-55
Download: Microsoft Word (.docx)
Springing Power of Attorney
The NJ springing power of attorney is the authorization form concerning the handling of property and personal finances. The person you appoint (your agent) will be able to decide on your behalf concerning your money and property, whether or not you can do so yourself. This is called “Authority Over Subjects” on the form - the explanation is available in the NJ Revised Durable Power of Attorney Act, New Jersey Revised Statutes Section 46:2B. Please consult a lawyer on the appropriate process before signing any form.
This power is not inclusive of your healthcare decisions. Also, the agent’s authority is revocable by the principal or can seize to be in effect if the agent quits. Otherwise, the authority standstill the death of the principal.
Laws and requirements
- The document must be signed by the principal, agent, and a witness.
- A notary public must authorize the document.
- Specify in the form if you want the agent to have a general authority or select the individual subject you want them to have authority over instead.
- There is room for special instructions on compensation, the effective date of execution, and termination on the form.
- You may specify if you want the agent’s authority to be DURABLE (unrestricted authority) or REGULAR (limited authority).
Download: Microsoft Word (.docx)
Real Estate Power of Attorney
A New Jersey real estate power of attorney is a legal form/document that grants an agent the right to act on behalf of a property owner (principal). The responsibility involves handling real estate transactions for a prospective buyer, being the eyes and ears for a principal moving out of state temporarily and want someone back at home to negotiate with buyers, draft leases, receive rent, or handle other real estate matters that the principal is primarily responsible for. It’s a good idea for anyone who has property in New Jersey but needs help getting things done independently.
Laws and requirements
- Sign only in agreement to powers regarding actual estate-related transactions.
- Principals should record the POA with the county where their property is situated, County Government Records webpage.
A power of attorney must be in writing, duly signed and acknowledged in the presence of a notary public, N.J. Stat. § 46:14-2.1
Download: Microsoft Word (.docx)
Governing Laws
Some laws establish the terms and conditions of NJ power of attorney documents if disputed between parties/entities. The governing laws that are applied to the power of attorney form for NJ are:
- If an NJ power of attorney form says, “this POA shall not be affected by disability or incapacity of principal, or lapse of time,” it means you can still act for them if they become disabled, which does not have an expiration date — § 46:2B-8.2(b).
- Signatures of the principal and the agent are mandatory and must be authorized before a solicitor, attorney-at-law, notary public, judge, or any individual recognized to take acknowledgments under R.S.46:14-6.1 (§ 46:2B-8.9).
- There is no standard power of attorney form sample under the NJ legislature, but there is expectation toward guidance on language, which is available in NJ Legislative Statutes § 46:2B-8.2.
New Jersey Power of Attorney Requirements
In New Jersey, a power of attorney document requires meeting some prerequisites under the state law to be presentable as a substantial document ready for execution. Every power of attorney form is legally binding and will be executed according to NJ Rev Stat § 46:2B.
The NJ power of attorney requirements are:
- Name and contact details of the agent(s), principal, and witness: The NJ power of attorney form must contain the legal names of all concerned entities – the principal, the agent(s), and successor agent(s) where necessary, and the witness(es).
- Execution date: The power of attorney form for NJ must be apparent on the exact date the document got set to move when it was or intended to be executed.
- The authority that is given to the agent: The NJ power of attorney form directly points to the extent of power assigned to the agent with the duties attached or state if the principal is granting general authority.
- The effective date of the agent’s authority: The power of attorney form in New Jersey must be precise on how long the power designated to the agent will last or if it is unrestricted (durable). For example, will it become activated with or without the principal being incapacitated, invalid when and after the principal becomes incapacitated, or does the power become effective only when and after the principal becomes incapacitated!
- Termination of the agent’s authority: To terminate a pre-existing NJ power of attorney form implies revoking an agent’s access to certain powers designated to them in the first place. There may be times when you want to revoke your access (in the case of an unforeseen contingency). It must be in writing involves the agent and all relevant entities.
- Signatures of the principal, agent, and notary: To successfully execute a power of attorney document in New Jersey, all entities involved must sign the document, including the principal, agent, and notary.
- The agent’s and principal’s signature must be acknowledged before a notary public: The notary public should be present to confirm the identity of all the entities bound by the agreement and to authenticate the document.
- The document should be specific about Durable POA where it is applicable: In New Jersey, a durable power of attorney form, must clearly state that the agent’s powers will remain effective and not get revoked if the principal becomes incapacitated in the future.
- Power assigned to co-agents: If you appoint multiple co-agents to your will, you may want to specify whether or not these individuals can act in different capacities. It might also benefit you to agree on whether or not all of your co-agents have to agree with doing anything on your behalf without consulting with you first.
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How to Get Power of Attorney in New Jersey?
You must know that NJ Rev Stat § 46:2B. is regulating all power of attorney forms. The Health Care Proxies New Jersey power of attorney for health care to be executed according to NJ Rev Stat §26:2H-53 to §26:2H-67, which is specific to the state’s law.
If you are a resident of New Jersey, there are steps required of you by the state to get a power of attorney form. We hope that the steps below are helpful to guide you towards getting yours:
- The principal who is transferring their power to another person should be present.
- The agent receiving power from the principal should be present, along with the successor agents, for situations in the future when the 1st agent is unavailable, incapacitated, or dismissed.
- The power of attorney form, specific to New Jersey state laws, should be available in printed form.
- Signature of the principal or another person presented to stand in for the principal as stated to sign principal’s name on the document.
- Ensure that a notary public authorizes the signatures.
Bottom Line
Whenever you’re leaving New Jersey for a different part of the country or the world, it is pertinent that you have the appropriate legal paperwork to hand over your financial or property affairs that may need your attention in competent hands.
The abovementioned scenarios are why you need the power of attorney form in NJ to protect your personal, health, financial, and property affairs.
We understand that finding the right power of attorney forms can be stressful. We hope that you found this list of New Jersey power of attorney forms helpful. You can also run the process through your lawyer to ensure that you fully comply with the New Jersey state laws on power of attorney.
