Estate planning protects the people you love before a crisis happens. At KingBarnes, Northfield estate-planning attorney Richard M. King and Atlantic County elder-law attorney Jeffrey P. Barnes guide families through that process every day. We have spent decades drafting Powers of Attorney (POAs) that let clients keep bills paid, decisions made, and stress levels low. No matter what life throws their way.
Only about one-third of older adults nationwide have a durable POA in place, and New Jersey guardianship proceedings can cost $5,000-$10,000 or more. We believe a well-crafted POA is the simplest, least expensive way to spare your family that ordeal.
Need clarity fast? Call Northfield estate-planning attorney Richard M. King at KingBarnes today at (609) 522-7530 for a free, no-pressure consultation, and we’ll walk you through the right Power of Attorney for your family.
A Power of Attorney is a written document that lets you (the principal) name a trusted person (your agent or attorney-in-fact) to act on your behalf. It springs into action when you cannot act yourself, whether you are traveling, hospitalized, or permanently incapacitated.
Without a POA, relatives must ask the Superior Court in Atlantic County to appoint a guardian before they can pay your mortgage or authorize your care. Guardianship petitions take months and thousands of dollars, and judges decide who takes control. A POA keeps that power in your hands today.
Powers of Attorney are not one-size-fits-all. New Jersey power-of-attorney lawyer Richard King explains the three primary categories:
Any of these documents can be made durable so it remains valid during incapacity, or springing so it takes effect only when a stated condition, usually a doctor’s certification of incapacity, occurs.
A General Power of Attorney lets your agent manage bank accounts, pay taxes, sign contracts, and handle most legal or financial tasks you could handle yourself. It is perfect for military deployment, extended travel, or simply sharing household duties with a spouse. In its basic form, it ends the moment you lose mental capacity, so most clients choose to make it durable.
A Durable Power of Attorney continues even if you become incapacitated. New Jersey’s Revised Durable Power of Attorney Act (N.J.S.A. 46:2B-8.2) says a POA is durable only if it states that “this power of attorney shall not be affected by subsequent disability or incapacity.”
Our Atlantic County estate-planning attorneys always include that language, ensuring your agent can step in immediately without a guardianship hearing. Durability can attach to a broad general POA or a narrow limited POA.
A Medical Power of Attorney, often combined with a Living Will in an Advance Directive for Healthcare, appoints someone to make treatment decisions such as surgery, medications, and life-support when you cannot speak. New Jersey requires either two adult witnesses or a notary, and your chosen healthcare agent must sign an acceptance. This document prevents confusion among relatives during medical emergencies.
A Limited Power of Attorney grants authority only for a defined purpose, closing a real estate sale, managing a business while you vacation, or signing documents for a car purchase.
Because its powers are spelled out, it offers peace of mind when you want help with one project but do not want to hand over everything.
A Springing Power of Attorney “springs” into effect only after a triggering event, usually written certification by one or two physicians that you are incapacitated. Some clients feel safer knowing their agent has no authority until that day arrives. Others prefer an immediately effective durable POA to avoid delays while banks demand proof of incapacity. We help you weigh those pros and cons.
Yes. Our Northfield POA attorneys tailor documents to unique needs, including:
If your situation is unusual, the New Jersey estate lawyers at KingBarnes can customize a POA that fits precisely.
Start by listing your goals. Do you need to cover finances, healthcare, or both? Is this authority temporary or lifelong? Do you trust your agent to act immediately, or would you rather authority wait until incapacity? Most New Jersey residents settle on two core documents: a General Durable Financial POA and a Healthcare POA. Those two cover virtually every emergency.
Choosing the right agent is just as important.
Your agent must be responsible, organized, and willing to follow fiduciary duties under New Jersey law. Always name at least one successor agent in case your first choice becomes unavailable.
The best time is now, while you are healthy and have capacity to sign. Turning 18, getting married, buying property, military deployment, or receiving a serious diagnosis are all natural triggers. Remember: New Jersey banks often hesitate to honor POAs older than ten years, so plan to refresh yours every five to seven years.
New Jersey requires a POA to be in writing and signed by the principal. For real-estate or financial uses, the signature must be notarized; most clients also use two witnesses for added certainty. Durable language must appear verbatim, or the document terminates on incapacity.
Advance Directives require two witnesses or a notary and must include your healthcare agent’s signed acceptance. There is no statewide filing system, but if your POA will be used to record deeds, it must be recorded with the Atlantic County Clerk.
Without a POA, no one has automatic authority to act for you. A spouse or adult child must file for guardianship, submit medical proof of incapacity, attend a court hearing, and wait for a judge’s decree, often costing $8,000 or more in attorney and expert fees. Families sometimes fight over who should serve, compounding the stress. A simple POA drafted today prevents that turmoil tomorrow.
Planning ahead with a Power of Attorney is a gift to yourself and to those who will care for you. Estate-planning attorney Jeff Barnes and I combine decades of New Jersey experience with a personal, compassionate approach. We draft POAs that banks respect, doctors understand, and families appreciate.
Our office is conveniently located at 2600 New Road, Northfield, NJ 08225, minutes from Atlantic City and the Garden State Parkway. If you are uncertain which POA fits your life or you are ready to put documents in place. Call us at (609) 522-7530 for a free, friendly consultation.
Don’t wait until a crisis forces the issue. Let the Atlantic City estate-planning lawyers at KingBarnes help you secure your future today.
