What are the different New Jersey Powers of Attorney? 

There are various types of power of attorney which I will discuss briefly, but this post will be focused on Limited Power of attorney. 

Durable Power of Attorney is typically used for healthcare reasons. That could range from someone that is hospitalized, in a nursing home or care facility. This type of power of attorney could even stay in place even after they’ve become incapacitated or incompetent and quite frankly it means the same, the inability to make sound decisions and understand the decisions that are being made. 

General Power of Attorney allows a wide range of responsibility and power from medical to financial decisions however the difference between this and the other power of attorney is this type of document becomes invalid once the principal becomes incapacitated. 

Springing Power of Attorney is simple but what I’ve learned about this type of document is it’s hard for the state to determine when the principal became incapacitated. As a registered Notary Public, I have never notarized a Springing Power of Attorney. This is rare. 

Limited Power of Attorney 

Number One: Limited Power of Attorney is unique because this type of document is only valid for a certain time which is indicated by the principal to the attorney in fact or also called “agent” when the Limited Power of Attorney is created and executed. 

Number Two: Limited Power of Attorney provides a specific area of where the agent can make decisions, for example, I will only allow Tye Brown to manage my medical affairs. However, I will not allow Tye Brown to make financial decisions relating to my bank accounts, furthermore, once I’m incapacitated or die this Power of Attorney will become invalid. 

Number Three: Limited Power of Attorney will only be applicable if the principal is of sound mind and can revoke the document at any time but must inform the principal and any institutions that may have received the document. 

Number Four: All Power of Attorneys and specific to this post the Limited Power of Attorney that is executed in the state of New Jersey will require two witnesses that are not partied to the principal and must be notarized by a registered Notary Public. I would ensure that whatever temporary grant you provide the agent, you send the executed document to your institutions and store the document in a safe place.

What the heck is an Attorney in Fact, do I need an Attorney? 

A lot of the time as a notary we are asked questions that should be asked of an attorney for the preparation of limited power of attorney or any legal document and the questions typically come from the terminology of “attorney in fact”. 

Hey, Tye so I have this document that states that I need to appoint an attorney, but I don’t have the money to invest in an attorney. My response to my clients is you don’t have to necessarily have an attorney to draft the document for you could Do it Yourself but I wouldn’t be able to assist you. However, you can speak to an attorney and request a free consultation based on New Jersey laws, it is required by practicing attorneys to provide free consultation including pro bono work. 

So an Attorney in fact is in fact not an attorney but someone that the Principal trusts to perform their limited transactions on their behalf also known as an agent. 

The Attorney in fact is not the same as an Executor of a Will, the difference is one is dealing with the principal while their alive and competent and the other which is the Executor of the estate only deals with the affairs once the principal is deceased and at that point, the executor is over everything from bank accounts, medical bills, financial obligations and more. 

However, as a registered Notary Public, we (I) will always recommend seeking legal advice for any questions relating to the preparation and execution of a legal document specifically a Limited Power of Attorney.