Legal Question in Elder Law in New Jersey

power of attorney

i have an elderly friend i am taking care of i am not related to him but he does have 2 sons one which lives in germany and another son in missisippi the 2 sons have agreed to me getting power of attorney can i do this on my own thru a notary and if i do we will be moving to south carolina will it be binding there even though signed here in new jersey also can i sell his home as his power of attorney he is still competant but looking towards the future thanks so much for your help.

sincerely

ms tibbens


Asked on 12/23/02, 8:45 am

1 Answer from Attorneys
Steven Tarta Steven Wayne Tarta, Attorney At Law

Re: power of attorney

I don't think a notary will prepare the document for you; I would suggest that you discuss this with an attorney. The validity of the document in south carolina must be checked; ie, the rules of procedure may differ than in NJ. Also, I suggest the power make specific reference to the real estate (attach a copy of the deed as "Schedule A") and I also suggest the power be "Durable" ie, not affected by disability.

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Answered on 12/24/02, 2:02 pm


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