Legal Question in Elder Law in New Jersey

Re: Medical Power of Attorney

No medical power of attorney needs to be signed "in a lawyer's office" or even be prepared by a lawyer. At the least, it must be signed in front of a notary public in order to be properly acknowledged. The document should not be signed and then brought before the notary.

I note that you use the term "medical power of attorney" and not living will or advance directive, which is the document used to state a person's wishes regarding being kept alive by artificial means. This type of document should also be signed before a notary or in front of two witnesses if a notary is not available.

Signing in front of an attorney is the same as signing in front of a notary. The greatest benefit to having a lawyer draft the document and witness the signing is that the attorney will be able to ensure that the document is properly drafted, includes all information needed and accurately reflects the wishes of the person signing it. I have seen form wills incorrectly filled in and improperly signed causing much more expenses in legal fees after death that would have been charged by a lawyer to prepare the document.

Contact me if you would like my services to help you in this matter.