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We're glad you asked. A power of attorney is an important document that you want to get right. NJSA B-8.9 provides that a power of attorney must be in writing, duly signed and acknowledged, and notarized, said Catherine Romania, an estate planning attorney with Witman Stadtmauer in Florham Park.
In New Jersey, durable power of attorney laws require that the process be signed and dated, with two witnesses declaring that the signee is "of sound mind and free of duress and undue influence." Learn more about New Jersey durable power of attorney laws below.
The New Jersey general power of attorney form is designed to transfer control of financial affairs from the principal to an appointed agent.
In particular, many estate plans include two POAs: a financial POA, which allows someone to handle your financial or business matters, and. a medical POA, which allows someone to make medical decisions on your behalf.
In order to ensure the validity of the Power of Attorney, it should be notarized. However, if this is not possible, you should still complete the form to the best of your ability. A notary is someone who simply acknowledges that a person is signing a document.
A New Jersey durable power of attorney is a document used to allow someone else (agent) to handle the financial affairs of another person (principal). The powers granted will be the same as if the principal was acting themselves with the powers being restricted or unlimited.
If a person wants to authorise someone to act as a power of attorney on his behalf, it must be signed and notarised by a certified notary advocate, who is able to declare that you are competent at the time of signing the document to issue the said power of attorney.
In New Jersey, for a power of attorney document to be valid, the attorney-in-fact must be competent; the instrument must be signed, dated and notarized; and two witnesses must be prepared to attest that the principal is of sound mind and under no duress.