New Jersey Durable (Financial) Power of Attorney Form

The New Jersey Durable (Financial) Power of Attorney is a form that complies with New Jersey’s Power of Attorney (POA) laws. Specifically, it allows an individual (the Principal) to detail terms by which an Agent they select must dutifully follow when representing them in the situations they indicate in the form. The Agent’s signature to the form will legally-bind them to follow through on the terms, of which notably include provisions about the durability of the contract. By implication, any decision making powers bestowed to the Agent will be sustained, even supposing the Principal is medically diagnosed as being incapacitated at some point after the execution of the POA.

State Laws & Signing Requirements

State Laws – Revised Durable Power of Attorney Act

Signing Requirements (§ 46:2B-8.9) – State law specifies that: “The POA must be duly signed and acknowledged in the manner set forth in R.S.46:14-2.1.” This provision mandates that:

  • The Principal must appear before an officer and acknowledge that the Power of Attorney was executed as the Principal’s own act,
  • The officer signs a certificate stating that acknowledgment or proof, and the certificate must also include the statements noted in R.S.46:14-2.1, and
  • The execution of the POA must take place before one (1) witness, who must appear before this same officer and swear that they witnessed the principal execute it as their own act.