Legal Question in Wills and Trusts in New Jersey
Durable Power of Attorney
My elderly father lives with my sister for 6 months and with me for 6 months. Can we both get Durable Power of Attorney? Can this be done on one form or 2? We want both fiscal and medical.
2 Answers from Attorneys
Re: Durable Power of Attorney
This is easy to do.
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Re: Durable Power of Attorney
What you actually need are two separate dosuments; a Health Directive (Living Will) for medical authority and decisions, and a Power of Attonrey for financial authority. Two people can be named in the same documents, and it can be specified that either can act alone, or both signatures are required. I can help you draft both documents if you contact me directly and provide the required information. I suggest using an attorney to assist you, to be sure the proper language is inclued in each document, rather than using a commercial form. I might add that since you both are supporting your father, it is possible that one of you can claim him as a dependent for income tax purposes. You both cannot claim him, but you can agree to alternate years. I can provide forms for this as well, if you qualify.