How to revoke a power of attorney in New Jersey
What New Jersey law says about revoking a power of attorney, and a free letter you can fill in and print.
Checked against official sources: October 31, 2026.
Short answer
A power of attorney is revoked when you (1) have all signed originals physically destroyed, (2) sign and acknowledge (before a notary or other authorized officer) a written revocation, or (3) deliver a written revocation to your attorney-in-fact.
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
What New Jersey law says about revoking a power of attorney
- How to sign
- New Jersey requires a revocation to be in writing.
- How to revoke
A power of attorney is revoked when you (1) have all signed originals physically destroyed, (2) sign and acknowledge (before a notary or other authorized officer) a written revocation, or (3) deliver a written revocation to your attorney-in-fact. Signing a new power of attorney does not revoke an older one unless it says so. While you are alive, no one else can revoke your durable power of attorney except by court order for good cause.
- Telling others
Third parties may rely on a durable power of attorney until they receive actual notice of the revocation, so give written notice to banks and others who have it. A bank must refuse to act once the employee handling it has actual notice of the revocation.
Law: N.J.S.A. 46:2B-8.10, 46:2B-8.4(c), 46:2B-8.6, 46:2B-13
Source: Official text
Free letter: revoke a power of attorney
When it ends and how to revoke it
- It ends when
- You die (people acting in good faith without knowledge of your death are protected)
- You become disabled or incapacitated, if the power of attorney is not durable
- You revoke it
- A time of termination stated in the document arrives
- You divorce or annul your marriage to your attorney-in-fact, unless the power of attorney, a court order or a marital agreement says otherwise
- Banks and other businesses
Any third party may rely on a durable power of attorney until it receives actual notice of revocation, termination or your death, and may ask the attorney-in-fact for an affidavit that they had no knowledge of termination; that affidavit is conclusive proof. For banking transactions, a bank must accept and rely on a power of attorney that conforms to the banking power of attorney law, except in listed cases; it has a reasonable time to decide and must tell the agent in writing why it refuses if given an address. A third party may keep a photocopy or certified copy.
Law: N.J.S.A. 46:2B-8.6; N.J.S.A. 46:2B-13; N.J.S.A. 46:2B-8.11
Law: N.J.S.A. 46:2B-8.2(b), 46:2B-8.3, 46:2B-8.5, 46:2B-8.10; N.J.S.A. 3B:3-14(a)(1)(c) and 3B:1-1 ('governing instrument' includes a power of attorney)
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)