What is a Power of Attorney?
A Durable Power of Attorney is a document drafted by an individual that authorizes another individual, individuals or institution to act on their behalf. The principal, or the person authorizing the action of others, called agents, may authorize the powers immediately, for a limited time or duration, or only upon becoming disabled or incapacitated. In New Jersey, a Power of Attorney is governed by N.J.S.A. 46:2B-8.2 which states:
"a. A power of attorney is a written instrument by which an individual known as the principal authorizes another individual or individuals or a qualified bank within the meaning of P.L.1948, c.67, s.28 (C.17:9A-28
) known as the attorney-in-fact to perform specified acts on behalf of the principal as the principal's agent.
b. A durable power of attorney is a power of attorney which contains the words "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 showing the intent of the principal that the authority conferred shall be exercisable notwithstanding the principal's subsequent disability or incapacity, and unless it states a time of termination, notwithstanding the lapse of time since the execution of the instrument.
c. Unless otherwise defined in the instrument, a principal shall be under a disability if the principal is unable to manage his property and affairs effectively; and an attorney-in-fact shall be under a disability if the attorney-in-fact is unable to exercise the authority conferred by the power of attorney effectively."
to learn more about the type of Powers of Attorney.
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For more than 20 years, Angela Rich Hartmann has successfully guided her clients through personal legal matters, including the difficult and often emotional process of estate planning. Taking great pride in offering personalized service, Angela Hartmann dedicates her time to learn and understand each Client's needs, not only as it relates to the legal matter, but as it relates to them as a person. Perhaps even more so than other areas of law, understanding a Client's objectives, goals, and values are essential within within Estate Law. Properly planned, their Legacy is ensured. Making this connection, Angela Hartmann has been able to successfully develop long lasting professional relationships with many of her Clients. With gratitude, each new Client who has been referred by an existing or former Client, is seen as the highest compliment of her service, and a sign that personal attention is an unequaled service that remains sought in the automated, impersonal digital age. Contact Hartmann Law today.
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