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New Jersey General (Financial) Power of Attorney

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New Jersey General (Financial) Power of Attorney

Updated August 09, 2023

A New Jersey general power of attorney is a form that allows you to grant another person authority to act on your behalf in financial matters. However, this form differs from a durable POA that it becomes void if the principal is found to be incapacitated. It is a way to protect someone from an agent’s unfettered use of the POA beyond the time when the principal has the ability to revoke. (You have to be of sound mound in order to revoke a POA) However, many people want the POA to continue beyond incapacity. If that is the case, you should not use this form, but should use the durable power of attorney instead.

How to Write

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1 – Supply Some Initial Information

The blank line in the title of this document and at the beginning of the first paragraph requires the Principal’s Full Name clearly documented. In addition, you must also fill in the Principal’s Street Address and State of Residence on the second and third blank lines in this paragraph.   

Find the word “Designate” in this paragraph. Use the blank space after this word to accurately present the Agent’s Full Name. The Agent’s Address and State of Residence will also need to be documented. This should be done using the fifth and sixth blank spaces in this paragraph.

2 – Provide Direct Principal Approval As Needed

The Principal’s “Power To Make Payments or Collect Monies Owed” will need to be granted to the Agent throught the Principal Act of initialing the blank line preceding Statement Number 1.

If the Principal wishes to deliver the “Power to Acquire, Lease and Sell Personal Property” to the Agent, he or she will need to initial the blank space corresponding to Statement Number 2.

The “Power To Acquire, Lease And Sell Real Property” in the Name of the Principal can be granted to the Agent with the Principal Act of initialing the blank line provided in Statement Number 3.

Principal “Management Powers” may only be appointed to the Agent here when the Principal initials Statement Number 4.

If the Principal wants to delegate “Banking Powers” to the Agent, he or she must initial Statement Number 5.

Statement Number 6 shall grant the Agent Principal Authority with “Motor Vehicles” if the Principal initials the blank space provided.

The Principal will deliver Principal “Tax Powers” to the Agent once the blank space corresponding to Statement Number 7 is initialed by the Principal

Should the Principal wish to deliver his or her Authority over “Safe Deposit Boxes” to the Agent, he or she should initial Statement Number 8.

The Principal’s “Gift Making Powers” will be appointed to the Agent after the Principal initials the blank space preceding Statement Number 9.

The Principal’s Powers in “Lending and Borrowing” will be designated to the Agent, if the Principal initials Statement Number 10. If the Principal intends to designate Principal Authority in “Contracts” to the Agent, he or she will need to initial the blank space in Statement Number 11.

The Agent will be able to assume Principal “Health Care” Powers, if the Principal provides his or her initials on the blank space corresponding to Statement Number 12.

The Principal can deliver the Representational Powers provided by the Health Insurance Portability And Accountability Act of 1996 to the Agent when he or she initials Statement Number 13.

The Agent will have the Principal “Power to Hire And Pay For Services” as if he or she were the Principal, if the Principal initials Statement Number 14.

If the Agent should be able to gain Reimbursement with Principal Authority, the Principal must initial Statement Number 15.

The Principal can designate the “Power To Sue Third Parties Who Fail To Act Pursuant To Power Of Attorney” to the Agent by initialing Statement Number 16.

If the Principal would like to extend any Power not discussed here to the Agent, he or she should define these additional Powers in Statement Number 17, then initial the blank space preceding it.

3 – Declare Effect Lifespan Of This Delegation Of Principal Authority

The first two statements in the next portion of this document will present two manners in which this designation of Authority may start it’s effect and provide access of Principal Authority to the Agent. If the Principal would like the Powers in this document to simply go effect upon his or her Signature, the first statement must be initialed. If the principal would like the Powers in this document to only become available to the Agent upon a specific Date, then he or she should initial the second statement.

Now we will define precisely when or how the Agent’s access to Principal Authority will terminate. In the second half of this portion of the document, the Principal will be given three choices to define the Termination of these Powers. If he or she intends the Authority here to Terminate automatically on a certain day, the first statement will need to be initialed and the Date of Termination reported in the spaces provided. If the Powers should remain accessible to the Agent at all times unless the Principal has written a Revocation, the second statement will need to be initialed by the Principal. If the Principal wishes the Powers here to become inaccessible and terminate the moment he or she is diagnosed as incapacitated by a Physician, the Principal will need to initial the third statement here.

4 – Principal Execution Should Be Delivered Properly

This document’s contents will take effect if the Principal signs it. He or she will need to read through the completed form to make sure it is an accurate representation of his or her intentions. When the Principal is ready, he or she should document the Signature Date in the “In Witness Whereof” statement, then provide his or her Signature and Printed Name in the appropriately labeled areas.  

The “Acceptance Of Appointment” page will be the next area requiring attention. The Agent named at the beginning of this document will need to have his or her Name printed on the first blank space in this statement. Then, he or she must sign and print his or her name after reading this statement in the area provided.

Two qualifying individuals must watch the Principal sign this document. Each of these Witnesses must read the “Witness” statement then provide his or her Signature and Residential Street Address.

The final portion of this document, “Acknowledgement Of Notary Public,” will need a Notary Public’s attention. The Notary Public will notarize this document with a notarization seal once the signature requirements are met.