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Adam Ramirez has been writing and editing about the law and legal issues for more than 20 years. After earning a law degree from the University of Arizona, he clerked for two years for a U.S. District Court judge. He researched and wrote legal precedent in published opinions on behalf of the Court. He previously was an editor, columnist and journalist at the Miami Herald, The Dallas Morning News, The Oregonian, Golf Digest, FindLaw.com and other media outlets.
Adam Ramirez has been writing and editing about the law and legal issues for more than 20 years. After earning a law degree from the University of Arizona, he clerked for two years for a U.S. District Court judge. He researched and wrote legal precedent in published opinions on behalf of the Court. He previously was an editor, columnist and journalist at the Miami Herald, The Dallas Morning News, The Oregonian, Golf Digest, FindLaw.com and other media outlets.
Jeffrey Johnson started his editorial career nearly 20 years ago as an editor and researcher for McGraw Hill and Pearson. After earning an MFA from Chapman University and his J.D. from the University of Baltimore School of Law, he combined his editorial and writing experience with his legal education. He served as the Managing Legal Editor for the websites Free Advice and Law Firm, and has been featured as a legal expert on The Manifest and Vice.
Jeffrey Johnson started his editorial career nearly 20 years ago as an editor and researcher for McGraw Hill and Pearson. After earning an MFA from Chapman University and his J.D. from the University of Baltimore School of Law, he combined his editorial and writing experience with his legal education. He served as the Managing Legal Editor for the websites Free Advice and Law Firm, and has been featured as a legal expert on The Manifest and Vice.
Editorial Note: We earn a commission from partner links on Forbes Advisor. Commissions do not affect our editors’ opinions or evaluations.
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A power of attorney (POA) is an important legal tool in which you allow someone else to make crucial decisions on your behalf. This free New Jersey power of attorney form template is customizable and allows someone else (typically called an “attorney-in-fact” or “agent”) to make financial decisions for you. Download the form below.
What Is a Power of Attorney?
A power of attorney is a legal document granting one person the right to act on behalf of another person. The person granting this authority is the principal, and the person given this power is the agent or “attorney-in-fact.”
The POA can be limited to a specific area of the principal’s life, for example, a medical power of attorney or a financial power of attorney. It can also be limited in duration or limited based on the state of the principal. If the principal becomes incapacitated, only a “durable” power of attorney will allow the agent to continue to act on the principal’s behalf.
Who Should Use a Power of Attorney Form?
Anyone who wishes to allow another person to make certain financial, healthcare or other decisions on their behalf should strongly consider a power of attorney. They can be an especially useful estate planning tool to protect your wealth if you can no longer manage your finances.
How to Create a Power of Attorney in New Jersey
You must satisfy the following requirements to create New Jersey power of attorney:
- The principal must be competent, meaning they can make their own decisions.
- The power of attorney must be in writing.
- The document must contain:
- The name of the attorney-in-fact
- The responsibilities the principal gives the attorney-in-fact
- The principal’s signature, which requires either a notarization
- The date
While not required, you may wish to give copies of the final, signed document to your attorney-in-fact, financial institution and key family members. Store the original in a safe place. Revisit your power of attorney regularly and update it as circumstances change.
Types of Powers of Attorney
Principals can choose from several types of powers of attorney. But, generally speaking, there are two different categories of powers of attorney:
- those based on mental soundness and
- those based on what they do and don’t cover.
Capacity-Based Powers of Attorney
Protecting assets if someone becomes incapacitated is one of the main reasons for creating powers of attorney. That’s why many POAs are designed based on the capacity of the principal.
- Durable Power of Attorney. Here, the principal intends for the authority granted to the agent to continue even after they become incapacitated. Durability is not presumed in New Jersey, which means a POA will not automatically remain effective if the principal becomes incapacitated or disabled. To be durable the document must state “This power of attorney shall not be affected by subsequent disability or incapacity of the principal, or lapse of time” or “this power of attorney shall become effective upon the disability or incapacity of the principal” or similar words.
- General Power of Attorney. A general (or “non-durable”) power of attorney can only be created when the principal is competent. If the principal becomes incapacitated, the POA is no longer effective.
- Springing Power of Attorney. Here, the POA only becomes effective if the principal becomes disabled or incapacitated. It’s also sometimes called a “standby” power of attorney.
Scope-Based Powers of Attorney
These powers of attorney are confined to a specific task or situation. They can be as narrow as a POA to sell a specific piece of property or asset. Or, they can be as broad as granting the agent the power to act in all financial matters for the principal.
The medical power of attorney is perhaps the best-known scope-based power of attorney. In New Jersey it is called a proxy directive or can be combined with a living will into a combined advance directive for health care. This document grants the agent the power to make medical decisions on behalf of the principal. Typically, this is when principals cannot make those decisions themselves.
Who Can Be an Attorney-in-Fact?
Short answer: Anyone can serve as an attorney-in-fact. Also called an agent, this person should be someone you trust to make critical decisions, such as an adult child, close friend or family member. If the principal has the capacity, they choose their own agent. If they are incapacitated, the court may appoint one on their behalf.
Principals may also select alternate attorneys-in-fact in the event the primary is unavailable. However, they should not choose co-agents, which can lead to disagreements that cause delays in decision-making.
What Are the Signing Requirements for a Power of Attorney Form in New Jersey?
Who must sign a power of attorney and other requirements vary by state. In New Jersey, a power of attorney form must be signed by a notary. It is optional to have two witnesses in addition to the notary. Be sure to confirm current laws in your jurisdiction.
Consider having witnesses in addition to the notary, even if it’s not a requirement. This will give it an extra layer of protection in case someone challenges it.
Do You Need a Lawyer to Get a Power of Attorney in New Jersey?
You can always go it alone and create your own New Jersey power of attorney. There are no requirements that you use an attorney. That doesn’t mean it’s a good idea.
A power of attorney can grant broad powers to the attorney-in-fact, so it’s a good idea to have a trusted lawyer review the document before signing.
Frequently Asked Questions (FAQs)
Do you need a lawyer to get a power of attorney?
While it’s usually a good idea to consult with a lawyer before you become bound by a POA, you don’t need an attorney to get one. As long as the document complies with all the requirements of California, a lawyer isn’t necessary to create a binding power of attorney.
Can you have more than one power of attorney?
Yes, you can have multiple agents and multiple POAs. There are a few different ways you could arrange this:
- Co-agents. You can appoint numerous people to exercise the same responsibilities on your behalf, but this means that all co-agents must agree on decisions.
- Different POAs with different agents. You could execute additional documents and appoint others to act as agents on each. For example, you could appoint different agents for a financial POA and a medical POA.
- Backup agents. No matter what type of power of attorney you create, you can name a second agent to act on your behalf if the first agent is unable (or unwilling) to serve.
How do you take power of attorney away from someone?
Anyone besides the principal or their guardian can only take away power of attorney by petitioning the court to intervene. As the principal—or the principal’s legally-appointed guardian or conservator—you can revoke a POA at any time, as long as you are of sound mind. Typically, you need to revoke the agent’s ability to act for you in writing and the revocation must clearly state the intention to revoke the power of attorney.
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