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State laws regulate the procedures and requirements for this legal process. In New Jersey, durable power of attorney laws require that the process be signed and dated, with two witnesses declaring that the signee is "of sound mind and free of duress and undue influence."
Especially as between a husband and wife or a parent and adult child, the law does not delegate legal decision making in favor of a spouse or child in the absence of a written power of attorney, guardianship or conservatorship.
The Durable Power of Attorney In other words, you'd use a durable POA if you wanted to give your agent authority once you're unable to act for yourself. Because of this, many consider a durable POA to be the most powerful type of power of attorney.
In New Jersey, a durable power of attorney for finances is considered legally valid when it has been signed by the principal in the presence of a notary public. While not required by law, the document should also be signed by two witnesses who can attest to the sound mind of the principal at the time of signing.
You can write a POA in two forms: general or limited. A general power of attorney allows the agent to make a wide range of decisions. This is your best option if you want to maximize the person's freedom to handle your assets and manage your care.