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Durable Power of Attorney(clickhere for information)

(1.) Personal Information

Your Name:Select One Male Female
Spouse/Significant Other:Select One Male Female

Address:
County:

Telephone (Home):
Telephone (Office):
FAX Number:
EMAIL:

Donee

The person to whom you wish to give the Power of Attorney

Your Donee's Name:Rel.Addr:
Spouse's Donee:Rel.Addr:

Expiration Date of Power (if none type "none"):

Select one below whether you wish a "springing durable power of attorney" or a durable power of attorney which remains in full force whether or not you suffer a disability, "full power of attorney":

Springing Durable Power of Attorney(click here for information)

Full Durable Power of Attorney

How To Order Those Documents!

The fee for the durable power of attorney is as follows. Please select one:

$45.00- Durable Power for husband and wife

$25.00- Durable Power for One

Please select the manner in which you wish to make payment. Select one:

I will mail my check to you (documents will be provided immediately upon receipt of payment)

I will pay by charge card and will call you with my charge account number.

Please indicate below the manner in which you wish to receive your documents:

Mail to my address written above

E-Mail my documents to me

FAX my documents to me

If you choose E-mail, please select your word processor format from the following list:

Should you have any questions completing the form or desire revisions to the draft submitted to you, please call me or email me to discuss your will.

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Durable Power of Attorney

Return to Form (power of attorney)

(1.) Durable Power of Attorney.A power of attorney is an agency agreement. The donee of the power(the person to whom the power is given) acts as an agent for the donor (the giver of the power), to be able to do things which the donor has permitted in the power. Under the common law, a power of attorney became void if the donor was declared an incompetant, legally a non-person. It is only over the last ten years in New Jersey that it is now permissable to create a power of attorney which permits the donee to retain his powers even if the donor becomes physically disabled or a mental incompetant. This is called a durable power of attorney, in effect a super power. A durable power of attorney is important in the event that a spouse becomes mentally or physically disabled. Notwithstanding the disability, the donee can continue to do banking, leasing, buying and selling real estate even if the donor never recovers. Prior to this change in NJ law, it was necessary for the spouse to obtain a court order, which was time consuming and expensive, to carry out these acts.

(2.)Limited and Genral Powers of Attorney. There are two types of powers of attorney: (1) a limited power where the donee is limited to one or more specific acts(e.g. a limited power to sign a deed and all documents necessary to sell a house) and (2) a general power where the donee has power to do all legal acts which the donor could do. In New Jersey since 1994, specific reference to the NJ Statute enumerating "banking powers" should be made since some banks in NJ will not honor the power without this clause. The power of attorney provided to you contains such a "banking clause". The power of attorney prepared as part of your document package is a general power of attorney. Since its powers are all encompassing, itshould only be given to a donee whom you can trust such as your spouse or other family member.

(3.) Revocation of Power of Attorney. Again, a power of attorney can be a dangerous document if the donee decides to breach the trust conveyed. A power of attorney can only be revoked by sending notice to all who might rely on the power. If such revocation is not delivered, the donor can be bound by the donee's actions even if contrary to the donor's wishes and best interests. For this reason, it is also advisable to put a termination date in a power of attorney so that it self-destructs after the desired period of time.

(4.) Springing Power of Attorney. A general power of attorney can either be a "full power" or a "springing power". The full power remains in full force and effect whether the donor is competant or incomptetant. The "springing power" only comes to life or springs forth when the donor becomes mentally or physically disabled. The "springing power" seems to defeat the purpose of the law in requiring some determination that the donor is now mentally or physically disabled. Rather than face a judicial determination on this issue, the springing power used here provides that a letter from the donor's power of attorney will satisfy the proof requirements as to the donor's physical or mental disability.