New Jersey Durable Power of Attorney Form

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A New Jersey Durable Power of Attorney Form is an agreement that ensures the Attorney-in-Fact will retain their legal authority to act in place of the Principal, even if the Principal is declared incapacitated by a doctor. There are a variety of medical conditions that might mean a Principal is considered incapacitated, but they all mean the Principal is still alive but unable to act on their own or make their own decisions.

In New Jersey, if the Principal and the Attorney-in-Fact are spouses and get a divorce, the agreement is not automatically voided. Unless the Principal wishes their former spouse to retain their Power of Attorney authority, for whatever reason, they will need to revoke the agreement and, if they so desire, draft a new one, naming a new Attorney-in-Fact.

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