Legal Question in Elder Law in New Jersey

Power of Attorney

I live in NY Mother lives in NJ. What form do I use, for power of attorney the one for NJ or NY?


Asked on 8/12/05, 7:53 am

1 Answer from Attorneys

Re: Power of Attorney

Since your mother is the one giving the "power" you use the form that complies with the law of the state of her domicile, in this case New Jersey. If properly signed and notarized, it should be accepted in any other state.

While you are doing this, you should make several copies of the Power of Attorney before your mother signs it and then have her sign all of them. This is in case someone requests an original. It doesn't matter that the document is on copy paper; what makes it a duplicate "original" is your mother's original signature so I recommend she sign in blue ink so it is clear that her signature is not a photocopy. If you have to give one to someone, you will still have originals you can rely on.

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Answered on 8/12/05, 8:24 am


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