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New Jersey Springing Power of Attorney

A New Jersey springing power of attorney is a written legal document used by an individual (the principal) to authorize another individual to perform specified acts on behalf of the principal as their agent or "attorney-in-fact". It typically only becomes effective if the principal is incapacitated or unable to act on their own behalf.

Updated June 25, 2024

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Permitted in New Jersey?

Yes, a power of attorney can remain effective after the Principal’s incapacity or become effective upon the Principal’s incapacity.[1]

Signing Requirements

The principal must sign in the presence of a notary public and one witness.[2]

“Incapacity” Definition

“Incapacity” or “disability,” unless otherwise defined within the POA, means that a person is unable to manage his or her property and affairs effectively.[3]