Power of attorney in New Jersey: form, signing and powers
The form, the signing rules, durable or not, and what an agent can do in New Jersey, from New Jersey law.
Checked against official sources: October 31, 2026.
Short answer
Revised Durable Power of Attorney Act
- How to sign
- Notarized
- Durable unless it says otherwise?
- No: it continues after incapacity only if it says so.
- Uniform Power of Attorney Act
- No
Words used in New Jersey
In New Jersey you name an attorney-in-fact for money and property in a power of attorney, and a health care representative in a proxy directive. Your written treatment wishes go in an instruction directive, which can be separate or attached to the proxy directive. If an adult cannot govern themselves or manage their affairs, the Superior Court can appoint a general or limited guardian.
An agent (also called an attorney-in-fact) is the person you choose to act for you. You are the principal.
- Money and property
- Power of attorney; durable power of attorney (Revised Durable Power of Attorney Act)
- The person you choose
- Attorney-in-fact
- Health care
- Advance directive for health care: proxy directive (durable power of attorney for health care) naming a health care representative
- Treatment wishes
- Instruction directive (living will)
- Court-appointed decision-maker
- Guardian of the person and/or estate of an incapacitated person (general or limited guardian); pendente lite temporary guardian
Law and official form
- Law
- Revised Durable Power of Attorney Act
- Uniform Power of Attorney Act
- No
Law: N.J.S.A. 46:2B-8.1 (P.L.2000, c.109)
Signing rules
- How to sign
A power of attorney must be in writing, signed, and acknowledged before an officer authorized to take acknowledgments, such as a notary public or a New Jersey attorney at law (also a county clerk, register of deeds or surrogate). Acknowledgment can also be made by communication technology under the state's remote notarization law. No witnesses are required by the act.
- Who signs
Signed by you (the principal), in writing.
- Notary
- Required
- Witnesses
- None required
- Electronic signing
An acknowledgment may be taken by an officer using communication technology under P.L.2021, c.179.
Law: N.J.S.A. 46:14-2.1(a); 52:7-10.10
Law: N.J.S.A. 46:2B-8.9; N.J.S.A. 46:14-2.1; N.J.S.A. 46:14-6.1
Durable and springing
- Is it durable?
A power of attorney is durable only if it says so, with words such as 'this power of attorney shall not be affected by subsequent disability or incapacity of the principal, or lapse of time' or 'this power of attorney shall become effective upon the disability or incapacity of the principal', or similar words.
Law: N.J.S.A. 46:2B-8.2(b)
- Durable unless it says otherwise?
- No: it continues after incapacity only if it says so.
- Starting later (springing)
A durable power of attorney can say it becomes effective upon your disability or incapacity. Unless the document defines it, you are 'under a disability' if you are unable to manage your property and affairs effectively. The act does not set a procedure for proving incapacity.
Law: N.J.S.A. 46:2B-8.2(b)-(c)
What an agent can and cannot do
- Needs express permission
- Give your property away (gifts) to the attorney-in-fact or to others; general 'all acts' wording does not authorize gifts
- Delegate powers to other agents
Law: N.J.S.A. 46:2B-8.13a (gifts); N.J.S.A. 46:2B-8.8 (delegation only if the power of attorney specifically provides)
Agent duties, pay and court review
- Agent duties
- Act as a fiduciary, within the powers given and solely for your benefit
- Keep accurate books and records of all financial transactions
- Give an accounting when you, your guardian or conservator, or your estate's personal representative asks
- Agent pay
You decide in the power of attorney or a separate written agreement whether and how the attorney-in-fact is paid. If you say nothing, a court may award reasonable compensation on application.
Law: N.J.S.A. 46:2B-8.12
- Asking a court to review an agent
You, your guardian or conservator, and your estate's personal representative can require the attorney-in-fact to account. The Superior Court may order an accounting at the request of any heir or other 'next friend' if satisfied you are incapacitated and there is concern the attorney-in-fact is not acting within the powers or solely for your benefit.
Law: N.J.S.A. 46:2B-8.13(b)
Law: N.J.S.A. 46:2B-8.13
When it ends and how to revoke it
Official forms in New Jersey
Forms published by the state or its courts. You open them on the official site.
Health care directive
- Proxy Directive (Durable Power of Attorney for Health Care) and Instruction Directive (Living Will) · Published by New Jersey Department of Health (forms developed by the New Jersey Commission on Legal and Ethical Problems in the Delivery of Health Care) · Version: No revision date printed on the forms
Living will
Good to know in New Jersey
- New Jersey has not adopted the Uniform Power of Attorney Act and has no statutory power of attorney form; a power of attorney must be acknowledged before a notary, attorney or other authorized officer.
Law: N.J.S.A. 46:2B-8.9
- A New Jersey power of attorney is durable only if it says so.
Law: N.J.S.A. 46:2B-8.2
- A general 'do all acts' clause does not let an attorney-in-fact make gifts; gifts must be expressly and specifically authorized.
Law: N.J.S.A. 46:2B-8.13a
- Your health care representative keeps authority over health care decisions even if someone else is appointed your guardian, unless the court orders otherwise.
Law: N.J.S.A. 26:2H-61(b)
Changes in 2024–2026
N.J.S.A. 3B:12-24.1 (guardianship services; limited and temporary guardians) was amended by P.L.2025, c.179.
Free help in New Jersey
- Legal Services of New Jersey Legal Hotline · 1-888-576-5529
- NJ Department of Health: Advance Directive Forms & FAQs
- LSNJLAW (Legal Services of New Jersey): Advance Directives
- LSNJLAW: Guardianship (seniors)
- New Jersey Courts: Guardianship self-help
- Find free legal aid at LawHelp.org
Report abuse or exploitation
County Adult Protective Services offices (New Jersey Division of Aging Services)
Questions about powers of attorney in New Jersey
What is a power of attorney called in New Jersey?
Power of attorney; durable power of attorney (Revised Durable Power of Attorney Act). In New Jersey you name an attorney-in-fact for money and property in a power of attorney, and a health care representative in a proxy directive. Your written treatment wishes go in an instruction directive, which can be separate or attached to the proxy directive. If an adult cannot govern themselves or manage their affairs, the Superior Court can appoint a general or limited guardian.
Does a power of attorney have to be notarized in New Jersey?
A power of attorney must be in writing, signed, and acknowledged before an officer authorized to take acknowledgments, such as a notary public or a New Jersey attorney at law (also a county clerk, register of deeds or surrogate).