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New Jersey Durable (Financial) Power of Attorney Form

A New Jersey durable power of attorney is a document that allows someone else ("agent") to handle the financial affairs of another person ("principal"). The powers granted will be the same as if the principal were acting themselves, with the powers being restricted or unlimited.
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Updated June 18, 2024

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Signing Requirements

Must be signed by the principal and the agent. The principal is required to sign before a notary public, attorney-at-law, or another individual authorized to take acknowledgments under R.S.46:14-6.1 (§ 46:2B-8.9).

Laws

Definition of “Durable”

A durable power of attorney is a power of attorney which contains the words “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 showing the intent of the principal that the authority conferred shall be exercisable notwithstanding the principal’s subsequent disability or incapacity, and unless it states a time of termination, notwithstanding the lapse of time since the execution of the instrument (§ 46:2B-8.2(b)).

Definition of “Power of Attorney”

A power of attorney is a written instrument by which an individual known as the principal authorizes another individual or individuals or a qualified bank within the meaning of P.L.1948, c.67, s.28 (C.17:9A-28) known as the attorney -in-fact to perform specified acts on behalf of the principal as the principal’s agent (§ 46:2B-8.2(a)).

Statutory Form

The New Jersey legislature has not created a sample power of attorney form, but guidance on language that should be included is available at § 46:2B-8.2.