A power of attorney – which is often identified as a POA – is a type of written document where a person authorizes another individual to perform certain types of duties as a representing agent. The person who is designating another is identified as the principal.

The individual being chosen to represent the creator and perform the designated activities is identified as the attorney-in-fact. In the State of New Jersey, there are several types of power of attorney documents utilized. In this guide, you will be introduced to the 4 most common types.

The General Power of Attorney

A general power of attorney authorizes another individual to act on behalf of the principal in a wide assortment of situations and matters – including financial affairs. It offers an immense degree of power to the attorney-in-fact.

Once put into place, the powers granted are immediate and last until either the principal becomes incapacitated or dies. If incompetence occurs due to a physical or a mental illness, a general power of attorney will no longer remain valid.

This is only valid as long as the principal has enough competence to agree to have their level of control relinquished to the attorney-in-fact.

The Durable Power of Attorney

The durable power of attorney goes into effect right after it is established. This is used so that an attorney-in-fact is capable of making decisions for the principal’s healthcare. This is different from the general power of attorney in that it remains in effect even if the principal experiences a physical or mental incompetence.

If an individual is at risk for developing Alzheimer’s or other types of dementia or has another debilitation disease, this is the type of power of attorney that should be put into place as it only ends once the principal dies.

The Limited Power of Attorney

This type of power of attorney is only used to provide certain rights of action in certain circumstances. Many have an associated time limit that will expire.

If an elderly person becomes incapacitated for a certain amount of time or only is need of help in one area of their lives, the limited power of attorney would be the type of power of attorney to obtain.

Review the limited directives associated with elder law in the State of New Jersey for more information.

The Springing Power of Attorney

The springing power of attorney only comes into effect when the individual that is the principal becomes incapacitated. It is often challenging to establish the event that is springing with the law, though. This is why most in the legal system state that the elderly has a durable power of attorney in place.

Conclusion

The State of New Jersey requires that the principal and the attorney in fact both be fully competent when executing a power of attorney. Additionally, these should be signed within the presence of two additional witnesses and under the presence of a Notary. If you have any questions about creating a power of attorney or the elder laws in the State of New Jersey, you may contact us here at Beacon Senior Advisors today for more information: 973-713-0096