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New Jersey Durable (Financial) Power of Attorney Form

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Updated July 03, 2025

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 document is "durable" because it remains in force even after the principal has become incapacitated and unable to manage their own affairs.

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.[1]

Powers Granted

A principal may grant an agent the power to do any legal act that the principal is permitted to do through an agent. However, an agent does not have any greater authority or rights than the principal could exercise on his own behalf.[2]

Additionally, the agent does not have the power to gratuitously transfer property of the principal to the attorney-in-fact or to others except to the extent that the power of attorney expressly and specifically so authorizes.[3]

“Durable” Definition

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.[4]

“Power of Attorney” Definition

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.[5][6]

Revocation

A power of attorney is revoked when:

  • the principal has caused all executed originals of the power of attorney to be physically destroyed;
  • the principal has signed and caused to be acknowledged a written instrument of revocation; or
  • when the principal has delivered to the attorney-in-fact a written revocation.

Unless expressly so provided, the subsequent execution of another power of attorney does not revoke a power of attorney.[7]

Statutory Form

The New Jersey legislature has not created a statutory power of attorney form.

Sample

Video

Sources

  1. § 46:2B-8.9
  2. § 46:2B-15
  3. § 46:2B-8.13a
  4. § 46:2B-8.2(b)
  5. P.L.1948, c.67, s.28 (C.17:9A-28)
  6. § 46:2B-8.2(a)
  7. § 46:2B-8.10