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]