What Are the NJ Power of Attorney Requirements, and How To Get a POA the Easy Way
Drafting a power of attorney (POA) in New Jersey can be tricky, especially if you don’t know which type of document to choose and what’s included in each one. In case you’re not sure where to start, don’t worry because DoNotPay will help you!
Our article will explain all NJ power of attorney requirements, different types of POAs in NJ, and how to get one in a few clicks!
A power of attorney is a legal document with which a person—called the principal—gives authority to another person—the agent or attorney-in-fact— to perform certain duties for them. The most common types of power of attorney documents in New Jersey are:
A general power of attorney lets the principal authorize the agent to act on their behalf in all matters, as allowed by the state of New Jersey. It comes into effect upon signing and ends when the principal becomes incapacitated or mentally incapable of making decisions for themselves.
Unlike general POAs, durable POAs remain in effect even after the principal becomes incapacitated. The powers it transfers to an agent need to be specified in the document.
A limited POA grants the agent limited powers to handle some aspects of the principal’s finances. This type of POA can also be time-limited.
A springing POA comes into effect when one or more physicians confirm that the principal is physically or mentally incapable of making decisions for themselves.
A durable POA in NJ authorizes an agent to have power over the principal’s:
- Real property transactions
- Tangible personal property transactions
- Stock and bond transactions
- Commodity and option transactions
- Banking and other financial institution transactions
- Business operating transactions
- Insurance and annuity transactions
- Estate, trust, and other beneficiary transactions
- Claims and litigation
- Personal and family maintenance
- Benefits from Social Security, Medicare, Medicaid, or other governmental programs, or military service
- Retirement plan transactions
- Tax matters
A New Jersey power of attorney letter needs to be:
- Recorded in writing according to the state laws of New Jersey
- Formulated properly so it states what powers will come into effect upon the principal’s incapacitation
- Signed in front of two witnesses and a notary so it’s ensured that all signing parties are of sound mind and executing the document of their own free will
If you want to create a durable POA in New Jersey, you will have to meet specific requirements within the document. Check out the table below for more details:
|Selecting an agent||You have to select a trustworthy and qualified individual who will do everything in your best interest as your agent|
|Deciding when the POA becomes effective||Both parties must agree on the date when the POA will take effect|
|Inserting the personal information||Both the principal and the agent have to input their legal names and contact info|
If you’re looking to get a power of attorney in New Jersey without a hassle, DoNotPay can help! Using our AI-based app, you’ll be able to draft a POA that’s:
- Perfectly fitting to your needs
Sign up for DoNotPay and follow these steps to get a personalized power of attorney document:
- Select our Create a Power of Attorney product
- Fill in the details you want to be included in your POA
- Specify the powers you want to give to the agent
Once we process your request, we’ll generate the POA and send the notices that you and your agent need to go through.
You can then use DoNotPay to get your power of attorney document notarized through the same app. We’ll set you up an appointment with an online notary, and you’ll be able to get your POA notarized via an audio-video call.
Frequently asked questions about NJ POAs include:
- Does a NJ power of attorney give an agent the power to change a will?
- Can you create a power of attorney document between two siblings?
- Is a lawyer required for the creation of a POA?
An attorney-in-fact isn’t authorized to change, alter, or revoke a will.
It’s possible to create a power of attorney agreement between two siblings. The principal also has the option to appoint two or more agents.
Although it’s not required by law, it’s advisable to have a lawyer during the creation of the POA as they’re professionals who know the law inside out. If you can’t afford one, use DoNotPay as we offer a reliable solution for creating a POA that won’t break the bank.
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