New Jersey Real Estate (Property) Power of Attorney Form
The New Jersey Real Estate (Property) Power of Attorney attends to the matter of an individual (lawfully referred to as the Principal) electing a person or company (their Agent) to carry out real estate transaction in their stead. The decision making powers they must grant their Agent so that they can complete any tasks assigned to them may be active for:
- A specific time period (e.g. for one year, starting from the date of execution),
- The duration of a particular task (e.g. the duration of time it takes to sell a house), or
- The period of time up until the Principal’s incapacitation or death.
State Laws & Signing Requirements
State Laws – Revised Durable Power of Attorney Act
Signing Requirements (§ 46:2B-8.9) – Three (3) main signing requirements are mandated by the Revised Durable Power of Attorney Act, of which can be summarized as relating to the need for:
1) The Principal to appear and perform an acknowledgement before an officer,
2) The officer to acknowledge the Principal’s lawful execution of the POA, and
3) A witness to swear to the officer that they witnessed the Principal lawfully execute the POA.
More details of these requirements can be found in the provision R.S.46:14-2.1.