Do I Need to Go to a Notary to Set Up My POA in New Jersey?
You should set up a power of attorney (POA) as part of your estate plan. A POA helps to empower a trusted loved one to act on your behalf if you become temporarily or permanently unable to do so. This raises an important question: Does a POA document need to be notarized? In New Jersey, the answer is “yes.” Notarization is a legal requirement. Without it, a POA is not in effect. Here, our New Jersey estate planning attorney provides a guide to the requirements for setting up a POA.
Understanding Power of Attorney in New Jersey
A Power of Attorney (POA) is a legal document that authorizes someone else (your attorney-in-fact) to act on your behalf. In New Jersey, you can use a POA to manage financial affairs, make legal decisions, and even handle certain healthcare matters. The POA can be limited or broad. You could grant full POA. Alternatively, you could grant a trusted person a limited POA for a specific purpose. To be legally valid, the POA document must comply with all New Jersey state requirements.
Know the Law: New Jersey Requires Notarization for Financial POAs
If you are setting up a POA for financial or legal matters in New Jersey, you must go to a notary. Our state’s Revised Durable Power of Attorney Act (N.J. Stat. § 46:2B-8.1) requires your signature to be notarized. Without notarization, it is not valid. That means that banks and other financial institutions may reject the document. A notary verifies your identity.
Healthcare POAs and Advance Directives Have Slightly Different Rules
There are different regulations in our state for POA for health purposes. A healthcare power of attorney (also known as a medical POA) falls under New Jersey’s Advance Directives for Health Care Act. Although notarization is not strictly required by the law in these cases, it is strongly recommended. You can either have two adult witnesses or one notary public observe your signature. Using a notary helps to reduce the risk of disputes. Still, it is not mandatory for a POA that is only a health POA. Two adult witnesses satisfy the legal requirement.
New Jersey Makes it Easier: Remote Online Notarization is Available
One reason why people are hesitant to get a POA notarized is that it can be a time-consuming process to locate a notary and get to their office. There is some good news: New Jersey makes the process a little easier. There is an alternative option available. You do not have to visit a notary in person to complete your POA. New Jersey allows remote online notarization. You can sign your document in a video meeting with a licensed notary. It is an option that can be useful if you are elderly, housebound, live out of state, or are simply very busy. If you opt for an online notary, you need to make sure that you work with a qualified professional who follows New Jersey’s rules for electronic notarization.
Contact Our New Jersey Estate Planning Lawyer Today
At Poulos LoPiccolo PC, our New Jersey estate planning lawyer has the skills and experience to help you set up a power of attorney. If you have any questions about the requirements in New Jersey, please do not hesitate to contact us today for a confidential consultation. With an office in Monmouth County, we provide estate planning support throughout the State of New Jersey.
