Firm Creates Power of Attorney Instruments in New Jersey

Knowledgeable Red Bank lawyers advise on all types of POA matters

 Unexpected circumstances can make it advisable to have an enforceable plan in place to transfer legal authority to someone you trust. In a moment, a serious accident or sudden illness can disable you, preventing you from making decisions on key matters. Alternatively, you might be leaving the country for an extended period or experiencing the typical effects of aging. Parsons & Nardelli in Red Bank drafts personalized power of attorney documents for New Jersey clients so that they can designate someone they trust to act on their behalf when the situation arises. Whether you’re looking to have a backup plan in place should you become incapacitated in the future or would like to name an agent to handle specific financial, legal or healthcare issues right now, our attorneys will establish a power of attorney tailored to your specifications.

Types of powers of attorney available in NJ

You have several options when creating a power of attorney, such as:

• General — With a general grant of authority, the designated agent is responsible for making whatever important decisions are required.
• Limited or special — A limited power of attorney can cover instances when you will be out of communication or otherwise indisposed for a specified period of time. A special power of attorney can also be restricted to authority over one particular type of matter.
• Healthcare — An unexpected medical crisis could trigger a serious conflict if loved ones are not sure about who’s in charge or what type of treatments you want.
• Durable — By drafting a durable power of attorney, you can be assured that it will be enforced even if you become incapacitated after creating it.
• Financial — Some people, especially the elderly, require assistance with financial issues and so give loved ones the authority to handle those matters.

Establishing a power of attorney can help your family avoid having to petition a court for appointment of a guardian or conservator. It also offers you peace of mind and the ability to maintain a measure of control over healthcare and financial decisions if you are incapacitated. As lawyers with extensive experience handling guardianship, conservatorship and estate administration matters, we understand the problems that can ensue when individuals fail to make appropriate plans.

Legal requirements for the establishment of a power of attorney document

 A person creating a power of attorney, known as the principal, must be of sound legal mind at the time. The document must be in writing and include the name of the agent, also known as the attorney-in-fact. You should be clear as possible about the scope of the authority being conferred upon the agent. If there is an ambiguity about whether the power of attorney applies in a specific instance, it might not be enforced. Once completed, the document must be signed by the principal and two witnesses and be notarized. Should you later decide to withdraw the power of attorney, an instrument of revocation can be executed.

Selecting someone to assume legal authority

Selecting someone to assume power- of- attorney responsibilities should be done with the utmost care. You’ll want someone honest and trustworthy, but there might be other considerations as well. Since a durable power of attorney stays in effect for a long term, it’s wise to assess whether a proposed agent’s age and health will permit them to continue in the role years or decades down the road. In some cases, an agent might have to make important choices regarding complex financial or medical concerns. Our attorneys can help you evaluate if a particular individual will be capable of fulfilling their duties for as long as needed.

Contact a New Jersey lawyer to discuss creating a power of attorney document

Parsons & Nardelli advises New Jersey residents on the drafting, revision and enforcement of power of attorney documents. To schedule a free consultation regarding your particular needs, please call 888-309-5589 or contact us online. Our office is in Red Bank.