Sunday, January 29, 2023

Interesting facts about Power of Attorney- New Jersey


Power of Attorney plays a pivotal role in the absence or unavailability of the owner. What is the Power of Attorney? And why is it important? There may be many questions in your mind when you are thinking of giving someone Power of Attorney. You should always consult experts like the New Jersey estate planning attorney for such mind-boggling but essential opinions.


What is the Power of Attorney?


It is a legal document that allows the owner or the Principal to appoint someone to make decisions in a circumstance where they are unavailable or incapable of doing so.


Why is it important?


Regardless of Age and Gender, the Power of Attorney is significant for anyone having multiple assets and money. Hence it is a voluntary delegation of power to someone trustworthy. This legal document entitles the appointed entity or agent to take financial and healthcare decisions expected in the Principal’s best interest.


What are the different types of Power of Attorney?


  • General Power of Attorney – This agreement is a broad mandate where the agent gets a lot of power to handle important stuff.

  • Limited Power of Attorney – In this kind of agreement, the Principal gives limited authority to the agent in specific activities.

  • Durable Power of Attorney – This kind of agreement allows the agent to take decisions even if the Principal is incapacitated.


Characteristics to look for while giving Power of Attorney


  • Someone who is trustworthy
  • Someone who will act in your best interest.
  • Someone who is loyal and will not betray
  • Someone with a robust and articulate mind


What to do in case of an override of Power of Attorney?


If you have appointed this person and at any point, if you feel that they are taking unfair advantage of the power, like using the Principal’s money, ill-treatment or abusing, etc., you can go ahead and revoke the agreement with proper evidence.


The attorney needs to be kept informed of this.

The owner or the Principal can override the Power of Attorney or change the type at any point.

In Conclusion, are there limits to the Power of Attorney?


  • The Power Of Attorney is under effect only after the agreement is available.
  • The Principal should be of sound mind and body to nominate and decide the outlines of the agreement. 
  • Both the Principal and agent should agree with the Power Of Attorney.


Be sure to take advice and consult with family before deciding on Power Of Attorney.


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