How to Get a Power of Attorney Form in New Jersey

A power of attorney is a legal document that grants an individual (called the agent or attorney-in-fact) the authority to manage the affairs of another person (the principal). A POA can give an agent the ability to make significant legal and financial decisions on behalf of the principal, such as handling real estate transactions or managing bank accounts. Depending on the type of POA, the document can go into effect at a predetermined time or in the event that the principal becomes incapacitated. 

If you’re considering appointing a power of attorney in New Jersey, it’s essential that you understand the different types of powers of attorney. Choosing the right POA can help ensure your wishes are carried out as intended.  

Here’s what you should know about how to get a POA in New Jersey. 

When do you need a NJ power of attorney?

There are several situations in which you might want to appoint a power of attorney, including the following:

• When you want to plan for the future. Many people designate a power of attorney to act on their behalf should they become incapacitated, such as in the event of an unforeseen illness or injury that affects their ability to make sound decisions. 
• If you need someone to handle your affairs while overseas. Individuals who spend a lot of time out of the country (such as service members or entrepreneurs who conduct business internationally) can utilize a POA to enable their agent to take care of their bills and other affairs while they are abroad. 
• When creating your estate plan. A POA can be a part of a comprehensive estate plan strategy.
• If you want to assign someone to make healthcare decisions on your behalf. A medical POA can be used to authorize an agent to make healthcare decisions for you. 

Types of power of attorney forms in New Jersey

The type of power of attorney you need depends on your unique circumstances—including when you want the POA to go into effect, how long you want it to last, and what kinds of decisions you want your agent to be able to make for you. 

The types of powers of attorney available in New Jersey include the following:

• Durable power of attorney: A durable power of attorney is a popular choice for principals who want to grant authority to an agent to handle their business, legal, or financial matters. It remains in effect even if the principal becomes incapacitated. 
• General power of attorney: As with a durable POA, a general POA gives an agent broad powers, including the ability to make financial decisions (such as paying bills and communicating with financial institutions) for the principal. However, the general powers the POA provides are revoked in the event that the principal becomes incapacitated. 
• Limited (special) power of attorney: This POA gives agents limited powers to perform specific tasks or conduct particular transactions on behalf of the principal. 
• Medical power of attorney (proxy directive): A medical POA grants the principal’s agent the authority to make health care decisions for the principal should they become incapacitated. 
• Minor power of attorney: A parent or guardian can use a minor POA to enable an agent to make certain decisions concerning a child’s welfare. 
• Revocation of power of attorney: As long as they are of sound mind, a principal can revoke a POA at any time, terminating the agent’s right to act on their behalf. 
• Tax power of attorney (Form M-5008-R): This POA grants an agent the authority to handle tax matters with the New Jersey Division of Taxation. 
• Motor vehicle power of attorney: An NJ motor vehicle POA empowers the agent to deal with certain New Jersey Motor Vehicle Commission issues. 
• Springing power of attorney: A springing POA doesn’t go into effect until a predetermined event—typically when the principal becomes incapacitated. 

New Jersey POA requirements

To prevent fraudulent POAs, New Jersey has specific requirements for creating a valid POA. 

Eligibility

The agent must be an individual who is at least 18 years old and is capable of making sound decisions for the principal.

Signing requirements

Some New Jersey powers of attorney require the principal’s signature to be notarized. It’s important to check the signing and witness requirements for your specific type of POA to ensure the completed document is valid.

For instance, a New Jersey durable power of attorney must be signed by the principal in front of a qualifying officer. To prove a durable power of attorney, a subscribing witness must appear before a qualifying officer and swear that they witnessed the principal execute the power of attorney document. 

Durable language requirements

A durable New Jersey power of attorney document must contain language stating that the POA will either go into effect when the agent becomes incapacitated or remains effective regardless of the principal’s incapacity. 

A durable POA can have an expiration date if desired, but if it doesn’t, the language of the document should clearly explain that the POA is unaffected by the passing of time. 

For example, your durable POA could contain language such as "this power of attorney will not be affected by the subsequent disability or incapacity of the principal, or the passage of time," or "this power of attorney will go into effect upon the disability or incapacity of the principal.”

How to set up a New Jersey POA in 5 steps

To create a general POA in New Jersey, follow these steps.

Step 1. Choose the appropriate POA form

There is no single form or template for a power of attorney in New Jersey. You can find templates online for specific powers of attorney, or use an online service such as LegalZoom’s to set up a financial POA. 

When deciding what type of POA to use, ask yourself the following questions:

• Do you want a general POA or do you need to grant an agent authority to make decisions on your behalf for limited tasks or a specific duty?
• Do you want the POA to go into effect immediately, at the time of a specific event, or if you become incapacitated?
• What types of decisions do you want your agent to make for you? Do you need a POA to handle healthcare decisions, legal issues, real estate transactions, or financial affairs? 
• Do you want your POA to have an expiration date?

While you can create your own POA, it’s a good idea to work with a lawyer or attorney-supported platform to ensure your power of attorney meets New Jersey’s requirements and serves your needs. 

Step 2. Select a trustworthy agent

When selecting an agent, it’s important to choose someone who is reliable, competent, understands the responsibilities involved, and is willing and able to perform the tasks the role requires.

A principal can have one agent or multiple agents. Multiple agents are called co-agents. Co-agents serve at the same time, and the document can require them to act together or to act independently at the principal's election.

If the principal chooses only one agent, they should also decide on one or more successor agents. A successor agent is not a co-agent; instead, they become an agent only if the first-choice agent is unable or unwilling to serve.

It is imperative that each agent is someone the principal trusts, as agents can have a lot of power. They essentially step into the principal's shoes in certain circumstances and can make important decisions about money and property.

Step 3. Complete the form accurately

The power of attorney must be in writing and signed in accordance with New Jersey law. For it to be durable, it must include specific language stating that the principal’s subsequent disability or incapacity or the passage of time does not invalidate the agent’s authority or that the POA goes into effect if the principal becomes incapacitated or disabled. 

The power of attorney should be clearly written and go into detail about the exact powers it grants, as well as any limitations to the agent’s authority. The POA should explain when it becomes effective and whether there is an expiration date. 

Each state has its own POA laws, so it's important to utilize New Jersey-specific forms—not those from another state. Today, this is easier than ever because you can use a reputable online service provider to draft a New Jersey-specific POA for you.

Step 4. Sign and notarize the form

The principal must sign the power of attorney document in front of either a notary public or a qualifying officer. The principal should not sign the document until they are in the presence of the notary or officer. After the principal signs, the notary or officer signs the document.

New Jersey does not require separate witnesses, but having at least one person watch the principal sign and then sign as a witness is recommended. The witness should be a disinterested party, not one of the agents or anyone who benefits directly from the POA.

Step 5. Submit your form and distribute copies

Once you have completed your POA, you should provide copies to your agent and all relevant institutions. Make sure to keep one copy for your personal records. 

These steps are for creating a general POA in New Jersey. If you want to create a narrow POA that only covers a specific transaction or want to create a healthcare POA, different laws and processes apply. Refer to an attorney or a reputable online service provider for more information.

How to revoke a power of attorney in New Jersey

A principal can revoke a power of attorney in New Jersey by any of the following methods:

• Physically destroying all executed originals of the power of attorney document, or 
• Writing a revocation of power of attorney form and signing it and having it acknowledged in front of a qualifying New Jersey officer, or 
• Delivering the agent a written revocation

When revoking a power of attorney, it’s important that you notify your former agent and any relevant third parties that the agent’s authority to act on your behalf has been terminated. 

Keep in mind that creating a new power of attorney does not automatically revoke an existing power of attorney unless it is specifically stated in the document itself. 

FAQs 

Does a power of attorney need to be notarized in New Jersey?

You may need to notarize your power of attorney form. New Jersey requires certain powers of attorney—such as a New Jersey Motor Vehicle Commission POA—to be notarized, and some institutions may require notarized documents. 

Even if it’s not legally required, notarizing your POA can help prove the validity of the document and make it easier for your agent to show that they have the authority to make decisions on your behalf. 

How do I choose an agent for my New Jersey POA?

Your agent should be someone reliable who you trust to make decisions that are in your best interest and handle the matters described in the POA. Many people choose a spouse or family member to assign as their agent. 

Does a power of attorney expire?

Depending on the type of power of attorney, it can expire in any of the following situations:

• At a predetermined time or event as outlined in the document
• If the agent revokes the POA
• When the principal dies
• When the principal becomes incapacitated
• When the agent completes the duties specified in the POA
• If a court rules that the POA is invalid