Will.com / Power of attorney / New Jersey
NJ · Durable Power of Attorney
Make your New Jersey power of attorney.
Name someone you trust to handle your finances if you can't. Legally valid in New Jersey once signed under the New Jersey signing rules below. Free to create, or add secure online document storage with the $29/year subscription.
New Jersey POA requirements
How it works
- 1
Answer a few questions
About your agent, the powers you want to grant, and when they take effect.
- 2
Download your power of attorney
A complete, personalized document, formatted for New Jersey.
- 3
Sign and share
Sign in front of a notary. Give a copy to your agent.
Recording your New Jersey POA
New Jersey lists powers of attorney for the conveyance or release of any interest among the documents affecting real property that are entitled to recording (N.J. Stat. §46:26A-2(b)), and defines the county recording officer as the register of deeds and mortgages where the county has one and the county clerk elsewhere (§46:1-1). Neither section requires the power of attorney to be recorded before the agent acts.
The recording office is the county recording officer, which is the Register of Deeds and Mortgages in the counties having that officer and office and the County Clerk in every other county (N.J. Stat. §46:1-1), in the county where the property lies. See N.J. Stat. §46:26A-2(b), which lists powers of attorney for the conveyance or release of any interest among the documents affecting real property that are entitled to recording. Record the Power of Attorney in the same county recording office, at or before the time the Agent records the deed, mortgage, or other instrument, so that the Agent's authority appears in the chain of title.
Gifts and your New Jersey agent
N.J.S.A. §46:2B-8.13a: a power of attorney shall not be construed to authorize the agent to gratuitously transfer property of the principal to the agent or to others except to the extent that the POA expressly and specifically so authorizes. A generic 'all acts the principal could perform' clause does NOT confer gift authority.
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