Power of Attorney in Newark, New Jersey

Find the right Power of Attorney attorney in Newark, NJ

In Newark, New Jersey, "power of attorney" refers to a variety of different legal arrangements. However, the various systems which fall under the umbrella of that term have one thing in common: if somebody grants power of attorney to somebody else, the person with power of attorney is authorized to make specific decisions on behalf of the person who granted it. There are many reasons why a person might want to grant this power to another, but it typically granted in contemplation of the possibility that the grantor might become unable to express his or her wishes due to some form of incapacity.

Any power-of-attorney arrangement creates the possibility that the attorney-in-fact will abuse the power he or she has been granted, and it's simply not feasible to completely eliminate this possibility. It can be minimized, however, by giving the attorney the bare minimum amount of authority needed to carry out your wishes, and making your wishes known in writing (with copies held by at least one other person) well in advance. When granting power of attorney, you can typically grant as much authority as you want, so you need to be very careful, and only give this legal authority to somebody you know and trust. Also, you should consider your circumstances and objectives when determining what type of power to grant.

For example, if you have very specific wishes concerning end-of-life care, you should, of course, make them clear to the person who will be functioning on your behalf, and make sure they are prepared to carry them out. You should then grant them power of attorney, with the scope limited to particular healthcare and financial decisions. That way, if you become incapacitated, your loved one will be able to carry out your wishes, even if you are unable to express them.

Sometimes, you can find pre-printed forms in Newark, New Jersey allowing you to easily draft a power of attorney document. In some cases, this may be all you need. These forms already have the basics of such an agreement committed to writing. All you and the other party have to do is fill in the blanks, per the instructions, and possibly have the forms notarized.

Types of Power of Attorney Arrangements in Newark, New Jersey

In Newark, New Jersey, power of attorney can take three main forms. They are as follows:

1. Limited power of attorney - this authorizes the attorney-in-fact to act on your behalf on a single subject, in one instance. This is a good option if you are involved in a business transaction occurring in another state or country. Suppose you want to buy a house on the other side of the country, and just need to sign a few papers to finish the deal. Rather than incurring the expense of traveling there, you could give limited power of attorney to a third party who lives in that state, and they can sign the paperwork for you, finishing the deal. The power you've granted them would expire automatically once the deal is done.

2. Durable power of attorney - this lets an attorney-in-fact make decisions in a particular, specified area of the principal's affairs. Durable power of attorney doesn't automatically disappear, and can last indefinitely, or until the principal revokes it. This can be very useful, because it authorizes the attorney-in-fact to make crucial decisions for the principal, but allows the principal to revoke the power if they regain the capacity to make their own decisions.

3. Springing power of attorney - this is similar to durable power of attorney, but the power is conditional. That is, it does not take effect unless some certain event takes place. This event can be anything. Most commonly, however, the agreement authorizes the attorney-in-fact to make important medical and financial decisions for the principal, only in the event that the principal becomes incapacitated. However, there are sometimes disagreements over whether or not a person is really "incapacitated" to the point that the power of attorney has been triggered. This can lead to a court of law having to decide the issue.

Can a Newark, New Jersey Lawyer Help?

Because there are sometimes convoluted issues involved in setting up power of attorney in Newark, New Jersey, you should consult with a lawyer beforehand. You can tell the lawyer all of the relevant details about your individual situation, and your goals, and he or she will be able to advise you on the best course of action.

Talk to a Wills, Trusts and Estates Law Attorney now!

Life in Newark

Newark is a massive city. To give you an idea how massive, "The Brick City" is the largest in all of New Jersey and at a short distance of 8 miles from Manhattan, it's an ideal place for many New York professionals to call home. Port Newark is on Newark Bay along the Atlantic Ocean and is the largest port on the East Coast. The Port of Newark offers the most rail facilities, biggest cranes, and wide deep docking. It serves as the location for shipping nearly all New York containers. Newark's skyline shows what industrious city it is. Newark is home to the headquarters of Prudential Financial, Horizon Blue Cross and Blue Shield of New Jersey, New Jersey Transit, and the Public Service Enterprise Group PSEG are headquartered in downtown Newark.

Newark plays host to some of the nation's best universities and schools. The New Jersey Institute of Technology has educated NASA aerospace engineers to National Technical Medal of Technology winners. Rutgers University is located in Newark and has been consistently voted as one of the top business and graduate school in the United States. The city and local colleges draw outstanding talent for the New Jersey Performing Arts Center that is just adjacent to Military Park, a 6 acre green space with the well known "Wars of America" statue on display. You may also remember Brick City which was aired as a five part documentary on the Sundance Channel in 2009. The second installment comes in 2011. The documentary revolved around Newark's leaps and bounds to improve the safety and corruption of the past.

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