Fillable Printable General Durable Power of Attorney - New Jersey

General Durable Power of Attorney - New Jersey

NEW JERSEY GENERAL DURABLE POWER OF ATTORNEY

THE POWERS YOU GRANT BELOW ARE EFFECTIVE

EVEN IF YOU BECOME DISABLED OR INCOMPETENT

NOTICE: THE POWERS GRANTED BY THIS DOCUMENT ARE BROAD AND SWEEPING.

THEY ARE EXPLAINED IN THE UNIFORM STATUTORY FORM POWER OF ATTORNEY ACT.

IF YOU HAVE ANY QUESTIONS ABOUT THESE POWERS, OBTAIN COMPETENT LEGAL

ADVICE. THIS DOCUMENT DOES NOT AUTHORIZE ANYONE TO MAKE MEDICAL AND

OTHER HEALTH-CARE DECISIONS FOR YOU. YOU MAY REVOKE THIS POWER OF

ATTORNEY IF YOU LATER WISH TO DO SO. THIS POWER OF ATTORNEY IS EFFECTIVE

IMMEDIATELY AND WILL CONTINUE TO BE EFFECTIVE EVEN IF YOU BECOME DISABLED,

INCAPACITATED, OR INCOMPETENT.

I ____________________________________________________________________________

_____________________________________________ [insert your name and address] appoint

_____________________________________________ [insert the name and address of the

person appointed] as my Agent (attorney-in-fact) to act for me in any lawful way with respect to

the following initialed subjects:

TO GRANT ALL OF THE FOLLOWING POWERS, INITIAL THE LINE IN FRONT OF (N) AND

IGNORE THE LINES IN FRONT OF THE OTHER POWERS.

TO GRANT ONE OR MORE, BUT FEWER THAN ALL, OF THE FOLLOWING POWERS, INITIAL

THE LINE IN FRONT OF EACH POWER YOU ARE GRANTING.

TO WITHHOLD A POWER, DO NOT INITIAL THE LINE IN FRONT OF IT. YOU MAY, BUT NEED

NOT, CROSS OUT EACH POWER WITHHELD.

Note: If you initial Item A or Item B, which follow, a notarized signature will be required on

behalf of the Principal.

INITIAL

_______ (A) Real property transactions. To lease, sell, mortgage, purchase, exchange, and

acquire, and to agree, bargain, and contract for the lease, sale, purchase, exchange, and

acquisition of, and to accept, take, receive, and possess any interest in real property whatsoever,

on such terms and conditions, and under such covenants, as my Agent shall deem proper; and to

maintain, repair, tear down, alter, rebuild, improve manage, insure, move, rent, lease, sell,

convey, subject to liens, mortgages, and security deeds, and in any way or manner deal with all

or any part of any interest in real property whatsoever, including specifically, but without limitation,

real property lying and being situated in the State of New Jersey, under such terms and

conditions, and under such covenants, as my Agent shall deem proper and may for all deferred

payments accept purchase money notes payable to me and secured by mortgages or deeds to

secure debt, and may from time to time collect and cancel any of said notes, mortgages, security

interests, or deeds to secure debt.

_______ (B) Tangible personal property transactions. To lease, sell, mortgage, purchase,

exchange, and acquire, and to agree, bargain, and contract for the lease, sale, purchase,

exchange, and acquisition of, and to accept, take, receive, and possess any personal property

whatsoever, tangible or intangible, or interest thereto, on such terms and conditions, and under

such covenants, as my Agent shall deem proper; and to maintain, repair, improve, manage,

insure, rent, lease, sell, convey, subject to liens or mortgages, or to take any other security

interests in said property which are recognized under the Uniform Commercial Code as adopted

at that time under the laws of the State of New Jersey or any applicable state, or otherwise

hypothecate (pledge), and in any way or manner deal with all or any part of any real or personal

property whatsoever, tangible or intangible, or any interest therein, that I own at the time of

execution or may thereafter acquire, under such terms and conditions, and under such

covenants, as my Agent shall deem proper.

_______ (C) Stock and bond transactions. To purchase, sell, exchange, surrender, assign,

redeem, vote at any meeting, or otherwise transfer any and all shares of stock, bonds, or other

securities in any business, association, corporation, partnership, or other legal entity, whether

private or public, now or hereafter belonging to me.

_______ (D) Commodity and option transactions. To organize or continue and conduct any

business which term includes, without limitation, any farming, manufacturing, service, mining,

retailing or other type of business operation in any form, whether as a proprietorship, joint

venture, partnership, corporation, trust or other legal entity; operate, buy, sell, expand, contract,

terminate or liquidate any business; direct, control, supervise, manage or participate in the

operation of any business and engage, compensate and discharge business managers,

employees, agents, attorneys, accountants and consultants; and, in general, exercise all powers

with respect to business interests and operations which the principal could if present and under

no disability.

_______ (E) Banking and other financial institution transactions. To make, receive, sign,

endorse, execute, acknowledge, deliver and possess checks, drafts, bills of exchange, letters of

credit, notes, stock certificates, withdrawal receipts and deposit instruments relating to accounts

or deposits in, or certificates of deposit of banks, savings and loans, credit unions, or other

institutions or associations. To pay all sums of money, at any time or times, that may hereafter be

owing by me upon any account, bill of exchange, check, draft, purchase, contract, note, or trade

acceptance made, executed, endorsed, accepted, and delivered by me or for me in my name, by

my Agent. To borrow from time to time such sums of money as my Agent may deem proper and

execute promissory notes, security deeds or agreements, financing statements, or other security

instruments in such form as the lender may request and renew said notes and security

instruments from time to time in whole or in part. To have free access at any time or times to any

safe deposit box or vault to which I might have access.

_______ (F) Business operating transactions. To conduct, engage in, and otherwise transact

the affairs of any and all lawful business ventures of whatever nature or kind that I may now or

hereafter be involved in.

_______ (G) Insurance and annuity transactions. To exercise or perform any act, power, duty,

right, or obligation, in regard to any contract of life, accident, health, disability, liability, or other

type of insurance or any combination of insurance; and to procure new or additional contracts of

insurance for me and to designate the beneficiary of same; provided, however, that my Agent

cannot designate himself or herself as beneficiary of any such insurance contracts.

_______ (H) Estate, trust, and other beneficiary transactions. To accept, receipt for, exercise,

release, reject, renounce, assign, disclaim, demand, sue for, claim and recover any legacy,

bequest, devise, gift or other property interest or payment due or payable to or for the principal;

assert any interest in and exercise any power over any trust, estate or property subject to

fiduciary control; establish a revocable trust solely for the benefit of the principal that terminates at

the death of the principal and is then distributable to the legal representative of the estate of the

principal; and, in general, exercise all powers with respect to estates and trusts which the

principal could exercise if present and under no disability; provided, however, that the Agent may

not make or change a will and may not revoke or amend a trust revocable or amendable by the

principal or require the trustee of any trust for the benefit of the principal to pay income or

principal to the Agent unless specific authority to that end is given.

_______ (I) Claims and litigation. To commence, prosecute, discontinue, or defend all actions

or other legal proceedings touching my property, real or personal, or any part thereof, or touching

any matter in which I or my property, real or personal, may be in any way concerned. To defend,

settle, adjust, make allowances, compound, submit to arbitration, and compromise all accounts,

reckonings, claims, and demands whatsoever that now are, or hereafter shall be, pending

between me and any person, firm, corporation, or other legal entity, in such manner and in all

respects as my Agent shall deem proper.

_______ (J) Personal and family maintenance. To hire accountants, attorneys at law,

consultants, clerks, physicians, nurses, agents, servants, workmen, and others and to remove

them, and to appoint others in their place, and to pay and allow the persons so employed such

salaries, wages, or other remunerations, as my Agent shall deem proper.

_______ (K) Benefits from Social Security, Medicare, Medicaid, or other governmental

programs, or military service. To prepare, sign and file any claim or application for Social

Security, unemployment or military service benefits; sue for, settle or abandon any claims to any

benefit or assistance under any federal, state, local or foreign statute or regulation; control,

deposit to any account, collect, receipt for, and take title to and hold all benefits under any Social

Security, unemployment, military service or other state, federal, local or foreign statute or

regulation; and, in general, exercise all powers with respect to Social Security, unemployment,

military service, and governmental benefits, including but not limited to Medicare and Medicaid,

which the principal could exercise if present and under no disability.

_______ (L) Retirement plan transactions. To contribute to, withdraw from and deposit funds in

any type of retirement plan (which term includes, without limitation, any tax qualified or

nonqualified pension, profit sharing, stock bonus, employee savings and other retirement plan,

individual retirement account, deferred compensation plan and any other type of employee

benefit plan); select and change payment options for the principal under any retirement plan;

make rollover contributions from any retirement plan to other retirement plans or individual

retirement accounts; exercise all investment powers available under any type of self-directed

retirement plan; and, in general, exercise all powers with respect to retirement plans and

retirement plan account balances which the principal could if present and under no disability.

_______ (M) Tax matters. To prepare, to make elections, to execute and to file all tax, social

security, unemployment insurance, and informational returns required by the laws of the United

States, or of any state or subdivision thereof, or of any foreign government; to prepare, to

execute, and to file all other papers and instruments which the Agent shall think to be desirable or

necessary for safeguarding of me against excess or illegal taxation or against penalties imposed

for claimed violation of any law or other governmental regulation; and to pay, to compromise, or to

contest or to apply for refunds in connection with any taxes or assessments for which I am or may

be liable.

_______ (N) ALL OF THE POWERS LISTED ABOVE. YOU NEED NOT INITIAL ANY OTHER

LINES IF YOU INITIAL LINE (N).

SPECIAL INSTRUCTIONS:

ON THE FOLLOWING LINES YOU MAY GIVE SPECIAL INSTRUCTIONS LIMITING OR

EXTENDING THE POWERS GRANTED TO YOUR AGENT.

________________________________________________________________

THIS POWER OF ATTORNEY IS EFFECTIVE IMMEDIATELY AND WILL CONTINUE UNTIL IT

IS REVOKED.

THIS POWER OF ATTORNEY SHALL BE CONSTRUED AS A GENERAL DURABLE POWER

OF ATTORNEY AND SHALL CONTINUE TO BE EFFECTIVE EVEN IF I BECOME DISABLED,

INCAPACITATED, OR INCOMPETENT.

(YOUR AGENT WILL HAVE AUTHORITY TO EMPLOY OTHER PERSONS AS NECESSARY TO

ENABLE THE AGENT TO PROPERLY EXERCISE THE POWERS GRANTED IN THIS FORM,

BUT YOUR AGENT WILL HAVE TO MAKE ALL DISCRETIONARY DECISIONS. IF YOU WANT

TO GIVE YOUR AGENT THE RIGHT TO DELEGATE DISCRETIONARY DECISION-MAKING

POWERS TO OTHERS, YOU SHOULD KEEP THE NEXT SENTENCE, OTHERWISE IT

SHOULD BE STRICKEN.)

Authority to Delegate. My Agent shall have the right by written instrument to delegate any or all

of the foregoing powers involving discretionary decision-making to any person or persons whom

my Agent may select, but such delegation may be amended or revoked by any agent (including

any successor) named by me who is acting under this power of attorney at the time of reference.

(YOUR AGENT WILL BE ENTITLED TO REIMBURSEMENT FOR ALL REASONABLE

EXPENSES INCURRED IN ACTING UNDER THIS POWER OF ATTORNEY. STRIKE OUT THE

NEXT SENTENCE IF YOU DO NOT WANT YOUR AGENT TO ALSO BE ENTITLED TO

REASONABLE COMPENSATION FOR SERVICES AS AGENT.)

Right to Compensation. My Agent shall be entitled to reasonable compensation for services

rendered as agent under this power of attorney.

(IF YOU WISH TO NAME SUCCESSOR AGENTS, INSERT THE NAME(S) AND ADDRESS(ES)

OF SUCH SUCCESSOR(S) IN THE FOLLOWING PARAGRAPH.)

Successor Agent. If any Agent named by me shall die, become incompetent, resign or refuse to

accept the office of Agent, I name the following (each to act alone and successively, in the order

named) as successor(s) to such Agent:

________________________________________________________________________

Choice of Law. THIS POWER OF ATTORNEY WILL BE GOVERNED BY THE LAWS OF THE

STATE OF NEW JERSEY WITHOUT REGARD FOR CONFLICTS OF LAWS PRINCIPLES. IT

WAS EXECUTED IN THE STATE OF NEW JERSEY AND IS INTENDED TO BE VALID IN ALL

JURISDICTIONS OF THE UNITED STATES OF AMERICA AND ALL FOREIGN NATIONS.

I am fully informed as to all the contents of this form and understand the full import of this grant of

powers to my Agent.

I agree that any third party who receives a copy of this document may act under it. Revocation of

the power of attorney is not effective as to a third party until the third party learns of the

revocation. I agree to indemnify the third party for any claims that arise against the third party

because of reliance on this power of attorney.

Signed this _______ day of _______________, 20____

______________________________

[Your Signature]

_______________________________

[Your Social Security Number]

CERTIFICATE OF ACKNOWLEDGMENT OF NOTARY PUBLIC

STATE OF NEW JERSEY

COUNTY OF ________________

This document was acknowledged before me on _______________ [Date] by

________________________________________________ [name of principal].

[Notary Seal, if any]:

_______________________________

(Signature of Notarial Officer)

Notary Public for the State of New Jersey

My commission expires: ___________________

ACKNOWLEDGMENT OF AGENT

BY ACCEPTING OR ACTING UNDER THE APPOINTMENT, THE AGENT ASSUMES THE

FIDUCIARY AND OTHER LEGAL RESPONSIBILITIES OF AN AGENT.

________________________________________________

[Typed or Printed Name of Agent]

________________________________________________

[Signature of Agent]

PREPARATION STATEMENT

This document was prepared by the following individual:

________________________________________________

[Typed or Printed Name]

________________________________________________

[Signature]