Content Overview
Form Breakdown
| Fact Name | Description |
|---|---|
| Definition | A Durable Power of Attorney allows an individual to appoint someone to manage their financial and legal affairs if they become incapacitated. |
| Governing Law | This form is governed by New Jersey Statutes, Title 46, Chapter 2B. |
| Durability | The "durable" aspect means the authority remains in effect even if the principal becomes incapacitated. |
| Execution Requirements | The form must be signed by the principal and witnessed by at least one person, or notarized to be valid. |
Sample - New Jersey Durable Power of Attorney Form
Durable Power of Attorney - New Jersey
**Durable Power of Attorney** is a legal document that allows you, the Principal, to appoint another individual, known as the Agent, to make decisions on your behalf. This document is established in accordance with the laws of New Jersey, particularly N.J.S.A. 46:2B-8 et seq.
The purpose of this Durable Power of Attorney is to grant broad authority to your Agent regardless of your ability to make decisions due to incapacity. It remains effective even if you become incapacitated or unable to make decisions.
Please provide the following information:
Principal Information:
- Name: ______________________________
- Address: ____________________________
- City, State, ZIP: ____________________
- Date of Birth: ________________________
Agent Information:
- Name: ______________________________
- Address: ____________________________
- City, State, ZIP: ____________________
- Phone Number: ______________________
Successor Agent (if needed):
- Name: ______________________________
- Address: ____________________________
- City, State, ZIP: ____________________
Specific Powers Granted:
- Manage financial accounts.
- Make decisions regarding real estate transactions.
- Handle tax matters.
- Manage investments.
- Make healthcare decisions (if applicable).
This Durable Power of Attorney is effective immediately and will remain in effect until revoked in writing by the Principal.
Signatures:
_____________________________
Principal Signature
_____________________________
Date
_____________________________
Agent Signature
_____________________________
Date
**Witnesses:** (If required by New Jersey law)
- Name: ______________________________ Signature: ______________________ Date: _______________
- Name: ______________________________ Signature: ______________________ Date: _______________
This document should be kept in a safe place, and copies provided to the Agent and any other relevant parties.
Common mistakes
Filling out the New Jersey Durable Power of Attorney form can be straightforward, but many people make common mistakes that can lead to complications later. One significant error is failing to specify the powers granted. Without clear definitions, the agent may not have the authority needed to act on your behalf. It’s crucial to outline exactly what powers you want to grant, whether it be financial decisions, medical choices, or other matters.
Another mistake is neglecting to sign the form in front of a notary public. In New Jersey, the law requires that the document be notarized to be valid. If the signature is missing or improperly witnessed, the entire document may be deemed invalid, leaving your wishes unfulfilled.
Many individuals also overlook the importance of choosing the right agent. Selecting someone who is not trustworthy or capable can lead to mismanagement of your affairs. Consider the qualities of the person you choose carefully. They should be responsible, organized, and willing to take on this significant role.
Additionally, people often forget to update their Durable Power of Attorney when their circumstances change. Life events such as marriage, divorce, or the death of an agent can necessitate a review of the document. Keeping it current ensures that your wishes are always represented accurately.
Another common oversight is not discussing the decision with the chosen agent. It’s important to have a conversation with the person you designate. They should understand your preferences and be willing to accept the responsibility. This discussion can prevent misunderstandings in the future.
Some individuals may also fail to include alternate agents. In the event that the primary agent is unable or unwilling to serve, having a backup can ensure that your affairs are managed without delay. It’s wise to plan for the unexpected.
Lastly, people sometimes forget to keep copies of the completed form. Providing copies to your agent and any relevant institutions ensures that your wishes are known and can be acted upon when needed. Without copies, there could be confusion or delays in executing your wishes.
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