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Question
Do I really need a power of attorney in New Jersey?
If you want to ensure that someone you choose will care for your money and your property when you are unable to do so, then you need a power of attorney. If you do not have a power of attorney and become incapacitated, a New Jersey court will decide who will manage your money and property for you.
It could be stressful for your loved ones to ask a court to choose someone to make decisions for you, especially when they already are worried about your mental or physical health. Having a power of attorney will help give them — and you — the peace of mind that your wishes are being followed.
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How it works
The process takes less than an hour, and you can complete it from the comfort of your home.
Create an account
Create a secure account which is accessible through an easy dashboard you can access any time
Gather information
Indicate who your agent will be and what authority you want them to have
Complete your document
Answer all questions, then we’ll generate your digital documents for downloading, printing, and signing
Make it legal
Carefully follow the instructions provided in the form, which may include signing your documents in front of witnesses or a notary
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Gather critical information with an estate planning checklist
How to get a power of attorney form in New Jersey
There are two ways to get a power of attorney in New Jersey. You can hire an attorney, or you can use a reliable form to create one.
Understand how a POA works in New Jersey
A power of attorney is a legal document that allows a person (the principal) to give someone else (the attorney-in-fact) the legal authority to act or make decisions for the principal. A principal can use a power of attorney to give an attorney-in-fact broad or limited powers.
Most people create a power of attorney to allow someone to take care of them if they become incapacitated. However, powers of attorney can also be useful when you are healthy. For example, you can use one to give someone the legal authority to manage your financial affairs when you are away from home for a long time for work or military service.
In New Jersey, powers of attorney are used to manage money and property. However, they cannot be used for health care. If you want someone to make health care decisions, you will need to use a document called an advance directive for health care or proxy directive.
Choose your attorney-in-fact
The most important quality for an attorney-in-fact is that they are trustworthy. They will be making important decisions about your money and property, and every decision they make will be legally binding on you.
Your attorney-in-fact should be someone who has good judgment and who is willing to deal with banks, financial professionals, and attorneys.
You can select more than one attorney-in-fact to serve at the same time. Unless your power of attorney states that they can act separately, your attorneys-in-fact must act together. For that reason, it is usually wise to avoid multiple attorneys-in-fact to avoid confusion and disagreements. However, you should always choose alternate or successor attorneys-in-fact to take over when your original choices are unable to serve.
Decide what powers to give your attorney-in-fact
You can give your attorney-in-fact broad or limited powers. You also can create more than one power of attorney if you want one person to have broad powers and another person to have limited authority to handle a specific transaction.
Find a reliable form
Not all power of attorney forms are the same. Be careful using a free form from an unreliable source because laws can change. If you choose a form that does not comply with current New Jersey law, your power of attorney may not be valid.
We offer access to up-to-date power of attorney forms for New Jersey. These forms are easy to use, and you can choose the form that best fits your needs.
Sign your form and have it witnessed or notarized
New Jersey has specific requirements for signing powers of attorney.
You must sign your power of attorney with at least one adult witness present, and you must acknowledge it before a notary public. Because some states require two witnesses, some New Jersey attorneys recommend having two adult witnesses if you plan to use it in another state.
Deliver your signed forms to the right people
After your power of attorney is signed, witnessed, and notarized, you must give it to people who will need it.
Give copies of your power of attorney to your attorney-in-fact and any banks or businesses where you expect them to do business on your behalf.
Frequently asked questions about New Jersey power of attorney forms
New Jersey has several types of powers of attorney. The following are ones you should know:
Durable power of attorney
A durable power of attorney is a power of attorney that does not terminate when the principal becomes incapacitated. In New Jersey, your power of attorney must state that it is durable and should include one of the following two phrases:
- “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.”
You should use the first option if you want your durable power of attorney to be effective immediately and the second option if you want it to become effective only when you are incapacitated.
Nondurable power of attorney
A nondurable power of attorney, sometimes called a general power of attorney, terminates when the principal is incapacitated. All powers of attorney in New Jersey are nondurable unless they specifically state that they are not affected by the principal’s incapacity.
Limited power of attorney
A limited power of attorney grants an attorney-in-fact limited authority to conduct one transaction or one type of transaction. For example, you might want someone to handle the sale of your house if you are moving out of the country for work.
Springing power of attorney
A springing power of attorney is a power of attorney that does not become effective until a later date or event. Most people use springing powers of attorney to keep their attorney-in-fact from having authority until they are incapacitated. However, many attorneys warn against using a springing power of attorney. Determining incapacity can take time, and proving incapacity to banks and other businesses can be difficult for an attorney-in-fact.
A power of attorney is easy to create on your own. Unless you have a complicated family or personal situation or feel you uncomfortable doing it on your own, you should be fine using an easy-to-complete form like the forms we offer.
If you are not comfortable using a form, you should contact an estate planning attorney licensed in New Jersey.
You can revoke your power of attorney by any of the following:
- Destroying all originals of the power of attorney
- Signing a written revocation of the power of attorney that is witnessed by one adult witness and notarized
- Delivering a written revocation to your attorney-in-fact
To be safe, you should have a signed, witnessed, and notarized revocation, and you should deliver it to your attorney-in-fact, banks, credit card companies, and anyone else whom your attorney-in-fact has dealt with on your behalf.
If you want to manage your parents’ money and property when they become unable to do so, you should talk to them about creating a durable power of attorney. You can help them follow the steps above to create a power of attorney, but they must be competent and understand what they are signing for it to be valid.
If they are not competent or their competency is questionable, you should speak with an attorney licensed in New Jersey. An attorney can help you petition a court to appoint you or another trusted adult to be your parents’ guardian.
You may want to speak with a lawyer if:
- You don’t know who to choose as your agent
- You want to use a POA for Medicaid planning
- You want to discuss which powers you should give your agent
- You want legal review of your completed power of attorney
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