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New Jersey Power of Attorney Forms

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The New Jersey General Power of Attorney Form must be utilized to grant authority to another person to act on your behalf for financial matters and transactions. The type of appointment this Power of Attorney delivers however is not ‘durable.’ It becomes void if the principal is found to be incapacitated. This is precaution against an agent’s unfettered use of Principal Power beyond the time when the principal has the ability to revoke. The language required to set this type of limitation is included in this document however, as with all its contents, the Principal must approve all such directives for them to be applicable.

The power of attorney statutes in New Jersey can be found at Title 46 of the New Jersey Revised Statutes.

Types

Durable Power of Attorney – Conveys general powers over one’s property and assets to another. It will stay in effect even if the person creating it can no longer make his or her own decisions.

General Power of Attorney – Just like the durable form in that it conveys certain powers over property and assets, but instead of staying in effect upon the principal’s incapacity, it becomes void, upon incapacity.

Limited Power of Attorney – Use for specific defined transactions or time periods. It is only in effect for the intended transaction and is void thereafter.

Health Care Power of Attorney (Proxy Directive) – Allows a person to appoint someone to act on their behalf with regard to health care issues. This is only effective if the person who made the directive is in a condition where they cannot make their own decisions.

Minor Child Power of Attorney – Allows you to give authority to another to take care of your children in the event of your absence.

Revocation of Power of Attorney – Use to revoke a POA. It is important that this executed form is provided to the agent and any others relying on the POA so that they have notice it was revoked.

Tax Power of Attorney (Form M-5008-R) – Use to give authority to another, usually a tax professional, to represent your interests in front of the tax authorities.

Vehicle Power of Attorney – Use to give authority to another to represent your motor vehicle interests with the motor vehicle commission.

How to Write

1 – Download The Power Document Available On This Page

You can find a workable copy of this Power Appointment Form using the button under the preview image. Select the file type you wish to obtain then open this form to work on it or print it.

2 – This Power Delegation Form Requires Some Initial Information

The first blank line will require the Full Name of the Principal entered on it. The Principal is the individual who will grant another person as his or her Attorney-in-Fact. Make sure to also enter the Home Address of the Principal on this line as well.  On the blank line after the word “appoint,” fill in the Name and Address of the Attorney-in-Fact being granted Principal Power.

3 – Each Power In This Document Should Each Be Approved By The Principal To Be Granted To The Agent

There will be a list (lettered A through N) presented in this document as a convenient and reliable method for the Principal to delegate various types of Principal Power to the Agent he or she has chosen for an Attorney-in-Fact. The Principal’s Agent will be granted each Power Definition that bears the Principal’s Initials. Only the Principal may initial one of these statements and he or she may only do so before the signing of this document. The Principal may initial one or more of these items however, if the Principal wishes to delegate all these Powers to his or her Agent, he or she only needs to initial the statement labeled “N.” If any one of the Power Statements labeled A through M are initialed then, any that do not bear the Principal’s Initials will not be included in the Agent’s Principal Powers.

The paragraph labeled as “A,” will state the type of transactions the Principal Agent may engage in with the Principal’s Real Property, if the Principal initials the blank space provided.

If the Principal intends for the Agent to make Tangible Personal Property Transactions on his or her behalf, then he or she must initial Statement B.

The Principal’s Agent may conduct Stock and Bond Transactions in the Name of the Principal if the Principal initials Statement C.

The Principal’s Commodity And Option Transactions will be within the Agent’s Principal Authority when the Principal provides his or her initials to Statement D.The Agent may engage in Banking And Other Financial Transactions using the Principal’s Names in the manner described in Statement E after the Principal initials this paragraph statement.

The Principal may deliver Principal Power regarding his or her Business Transactions to the Agent once he or she initials Statement F

The Principal can grant the Agent with the Principal Authority required to engage in “Insurance And Annuity Transactions” by initialing Statement G.

Statement H will enable the Principal to grant the Agent the Principal Power to conduct Estate, Trust, and Other Beneficiary Transactions in the Principal’s Name once the Principal initials the blank space provided.

The Principal’s Authority in Claims and Litigations can be appointed to the Agent by the Principal Act of initialing Statement I.

If the Principal initials Statement J, he or she will grant the Agent Principal Power with his or her Personal And Family Maintenance.

In Statement K, the manner in which the Agent may use Principal Authority with the Principal’s Benefits from Social Security, Medicare, Medicaid, or Other Governmental Programs, Or Military Service will be defined. If the Principal wishes to grant such Power to the Agent, he or she should initial this Statement.

If the Principal wishes the Agent to conduct transactions regarding his or her Retirement Plans, he or she should initial Statement L.

Statement M will grant the Agent with Principal Power in the Principal’s Tax Matters if the Principal initials the blank space corresponding to “(M) Tax Matters.”

The Principal has the option of granting all the above Powers to the Agent in one fell swoop once the Principal initials Statement N. If this item is initialed, none of the other items should be initialed (though the Principal should make sure he or she is very well acquainted with them).

Finally, there will be an additional option to provide additional Provisions, Limitations, Extensions or any kind of Principal Instruction regarding this document on the blank lines in the Special Instructions section. The Principal may address any issue that has not been mentioned here or even place additional instruction applying to this document.

Next, there will be a few statements also describing various Principal Powers the Agent may hold. Locate the Bold letters, “Authority to Delegate.” This paragraph automatically gives the Principal Agent the right to delegate or terminate Powers of other Agents. If this Agent should not have this Principal Power, then strike out this paragraph.

The Agent will also can gain Compensation with Principal Authority for any services performed to wield Principal Power. If the Agent should not have such Power, then find the paragraph with the bold words “Right To Compensation” and strike through it with horizontal lines.

The Principal may choose to name a Successor Agent. That is, an individual who will be able to assume the Principal Powers delivered through this document should the Primary Agent be unable or unwilling to carry out Principal Responsibility with Principal Approval. Enter the Full Name and Complete Address of each Successor Agent in the order they may assume Power on the blank lines in the paragraph labeled “Successor Agent.”

4 – The Principal’s Power of Execution

Once the Principal and all other involved parties have read and understood this document, the Principal should enter the Date of Signing using the spaces supplied in the “Signed This” statement.

After entering the Date of Signature, the Principal should Sign his or her Name and supply his or her Social Security Number in the area provided.

The statement below the Principal Signature is for the use of the Notary Public. This entity will notarize the document.

The Agent will need to officially acknowledge the granting of Principal Power by Printing and Signing his or her Name in the section titled “Acknowledgment By Agent.”

Finally, the Preparer of this form should Print and Sign his or her Name on the blank lines presented in the section labeled “Preparation Statement.”


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