Does a Power of Attorney have to Be Notarized in New Jersey?
A power of attorney (POA) is one of the most important estate planning documents. It helps to ensure that a trusted person has the authority to act on your behalf if you are not in a position to do so. You may be wondering: Does your POA have to be notarized in New Jersey? The short answer is “yes”—state law mandates notarization. Here, our New Jersey estate planning lawyer explains the key things that you need to know when setting up your power of attorney (POA).
Know the Law: Power of Attorney in New Jersey
In order to be valid in New Jersey, a power of attorney must meet all elements of N.J. Stat. § 46:2B-8.9. A key requirement is that a POA should always be in writing. Further, the POA document should be notarized. Indeed, state law requires notarization as part of its execution process. Notarization is a legal formality that helps prevent fraud and ensures that the person granting the power is doing so willingly and not while under duress. In effect, notarization is an official verification of the signer’s identity and acknowledgment of the document.
Why You Need to Set Up a POA as Part of Your Estate Plan
A POA is one of the most important estate planning documents. Every person who builds an estate plan in New Jersey should be sure to set up a legally binding POA. Here are the key reasons why:
- Take Care of Financial Affairs: A POA allows you to appoint an agent to handle your financial affairs if you become incapacitated or are unable to manage them yourself. Along with other things, a POA can be used to pay bills, manage investments, and conduct financial transactions. Establishing a POA ensures that there is no disruption in your financial management—even if you become incapacitated.
- Make Important Healthcare Decisions: A healthcare POA enables you to designate someone to make medical decisions on your behalf if you are unable to do so. You may also hear this referred to as a health care proxy. Having a trusted individual make these decisions can relieve significant stress for you and your family.
- Avoid the Need for a Guardianship: Without a POA, a court may need to appoint a guardian to manage your affairs if you become incapacitated. The process can be time-consuming, costly, and stressful for your loved ones. With the right POA in place, a formal guardianship can often be avoided. Your loved ones may be able to use POA to handle both financial and medical matters.
Contact Our New Jersey Power of Attorney Lawyer Today
At Poulos LoPiccolo PC, our New Jersey estate planning lawyer has extensive experience handling power of attorney issues. If you have any specific questions or concerns about setting up a POA, we are here to help. Contact us today for a completely confidential, no obligation initial case review. Our firm provides estate planning services throughout New Jersey.
