Types

Durable (Financial) Power of Attorney – This form offers a sense of security to the principal by legally establishing that the decisions set forth regarding delegating tasks pertaining to their finances to another party will carry through even in the event of their incapacitation or death. 

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General (Financial) Power of Attorney – Once this form comes into effect, an agent chosen by the principal will have the legal means to carry out any business and financial affairs outlined therein.

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Limited (Special) Power of Attorney – A form that makes it possible for an individual to transfer the decision making powers they have in connection to a special circumstance to another individual or entity so that they may carry out specified tasks in the individual’s stead.

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Medical Power of Attorney – For an individual to assign someone to carry out their health care wishes if one day they cannot to do so themselves due to incapacity or disability, they must file a Medical Power of Attorney.

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Minor Child Power of Attorney – Whether due to travel or work commitments, or a particular circumstance that prevents them from fulfilling their parental duties, parents in such a situation can use this form to elect a trusted individual to step in for them when necessary.

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Motor Vehicle (DMV) Power of Attorney – The New Jersey Motor Vehicle Commission issued this form so that residents can authorize a representative to receive their International Registration Plan (IRP) and International Fuel Tax Agreement (IFTA) accounts so that the representative may act on their behalf in any relevant matters.

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Real Estate (Property) Power of Attorney – A principal who wishes to elect another party to take care of one or more real estate affairs—namely, the purchase, sale, management, or refinancing of a property— can do so by filling out a Real Estate (Property) POA.

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Revocation of Power of Attorney – Following the execution of this form, the agent will no longer have any authority to act on the principal’s behalf that was granted by the filing of the given POA.

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State Tax Filing Power of Attorney (Form M-5008-R) – Provided by the New Jersey Division of Taxation, Form M-5008-R allows for an individual to appoint a representative to represent them in all tax matters, or only the specific ones they detail in the form.

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What is a New Jersey Power of Attorney?

A New Jersey Power of Attorney is a document created by a party, known as the Principal, who has decided to hand over responsibility for one or more affairs to another trusted individual or entity. The chosen individual or entity, known as the Agent, should consider whether they have both the willingness and capacity to take on such a substantial responsibility. As the Consumer Financial Protection Bureau’s guide for Agents highlights, examples of duties an Agent will have an obligation to uphold once they accept this role include acting in the Principal’s best interests for all matters and keeping good records.

• New Jersey Power of Attorney Laws – (Title 46, Section 46:2B-8.1 to Section 46:2B-19, “Revised Durable Power of Attorney Act” and Section 26:2H-53 to Section 26:2H-78, “New Jersey Advance Directives for Health Care Act”)
• State Definition of Power of Attorney (§ 46:2B-10) – “means a duly signed and acknowledged written document in which a principal authorizes an agent to act on his behalf.”
• State Definition of Advance Directive for Health Care (§ 26:2H-55) – “means a writing executed in accordance with the requirements of P.L.1991, c.201. An “advance directive” may include a proxy directive or an instruction directive, or both.”
• Signing Requirements
  • General / Durable Power of Attorney (§ 46:2B-8.9) – According to state law that the POA “must be duly signed and acknowledged in the manner set forth in R.S.46:14-2.1.” That is, the Principal must appear before an officer and acknowledge the POA was executed by their own act. The officer must subsequently sign a certificate stating that acknowledgment or proof, and the certificate must also include certain statements that can be found in R.S.46:14-2.1. One (1) witness must also be present.
  • Advance Directive (§ 26:2H-56) – The Declarant must sign and date the Advance Directive in the presence of two (2) subscribing adult witnesses or a Notary Public, attorney at law, or other person authorized to administer oaths.

When is it Effective?

As set out by § 46:2B-8.9, in order for a POA in the state of New Jersey to be put into effect, it must be duly signed and acknowledged in the manner set forth in R.S.46:14-2.1. This section of Title 46 in the New Jersey Revised Statutes is referred to as “Acknowledgment and proof.” It states that the Principal is required to sign the POA before an officer and acknowledge that it was executed by their own act. The officer must state an acknowledgment or proof of the Principal’s execution of the POA by their own act by signing a certificate. The certificate must additionally include certain statements relevant to the validity of the POA that can be found in R.S.46:14-2.1.

The valid execution of a POA also requires one (1) witness to appear before the officer and swear that they also witnessed the Principal willingly execute the POA.

It should be noted, however, that a number of POA forms have specific signing requirements. Any specific requirements have been detailed below.

In regards to ensuring the validity of an Advance Directive for Health Care, § 26:2H-56 mandates that it must be signed and dated by the Declarant. The Declarant may choose to sign and date the Advance Directive either a)  in the presence of two (2) subscribing adult witnesses who must “attest that the Declarant is of sound mind and free of duress and undue influence” or b) before a Notary Public, attorney at law, or other person authorized to administer oaths.

For a Revocation of Power of Attorney to be filed, the form must be “signed and caused to be acknowledged in the manner set forth in R.S.46:14-2.1 (as noted above).

In line with 3B:12-39, a parent may enact a Minor Child of Power of Attorney for a period of up to six (6) months. There are no signing requirements mandated by the state for this arrangement. If, however, such an arrangement is not possible, a parent or guardian has the option of electing a “standby guardian.” There are, however, certain signing requirements which much be met.

That is, § 3B:12-74 states that the document must be signed by the Designator (the parent or legal custodian) in the presence of two (2) witnesses, who must also sign the designation. The parent or legal custodian may expressly request another person sign on their behalf if they are physically unable to, but the signing must take place in their presence and that of two (2) witnesses. For more information, parents and guardians may reference the Minor Child Power of Attorney resource page.

Sample Template