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.
New Jersey Apostilles and Limited Power of Attorney
As a Notary Public in the state of New Jersey, my company www.ihtmoiblenotary.com handles 1000s of Power of Attorney requests which ties into obtaining Apostilles for international requests.
IHT Mobile Notary | Apostille Services (ihtmobilenotary.com/apostilles/) specializes in Apostilles which includes providing notarizations for the limited power of attorney for corporations creating new companies in an international company for example Poland. We also have clients that simply need someone to take action on their behalf for selling property in an international country like the Philippines.
Apostilles are unique when it comes to the laws and jurisdiction in the state of New Jersey, it is always important to ask your client if witnesses are required for the document to be valid in the country of intent the document will be used in. I would say 90% of the time the country of intent like Italy doesn’t care about the “actual document” but in fact the Notary Public that notarized the document, not the witnesses, and finally the certification from the state of New Jersey is all they care about.
Final Thoughts on Limited Power of Attorney
It is important that you have your affairs in order and not wait until you are in a position where you are incapacitated to make decisions that could impact those that love and care for you. Limited Power of Attorney allows you to give your attorney in fact as the principal someone authority over specific affairs for a period. The principle that has been referred to throughout
this post is relating to you, the person reading this post, or your loved ones to give power to someone else that you trust. Life is short and we must have our affairs in order to lessen the blows for others.
If you ever need a Limited Power of Attorney notarized call IHT Mobile Notary | Apostille Services at 908-300-1885 or visit our website www.ihtmobilenotary.com. We can assist you with obtaining witnesses, notarization, and obtaining an Apostille in a timely manner.
Check out our Reviews if you are hesitant. I hope this post brings clarity to what is, why someone needs one and how to appoint an attorney in fact for a Limited Power of Attorney in the state of New Jersey.
Disclaimer: The information contained in this blog is provided only for educational purposes. IHT Mobile | Apostille Services is not a law office, we do not provide legal advice. The information on this website is not a substitute for the advice of a legal counselor. If legal advice or other expert assistance is required, please consult with an attorney.