Legal Question in Wills and Trusts in New Jersey

Power of Attorney - which form to use
There are a number of power of attorney forms. One is a General form and the other that I am questioning is called a Durable Power of Attorney. My husband has Parkinson disease along with dementia. Most of the time he is compentent, but there are times when he sort of goes to his 'own place.' Would the General Power of Attorney be effective if he does not have the ability to understand information. If I use the Durable form, is it only effective if he is unable to handle information or communicate coherently. Which form best suits a situation where a person is sometime coherent and other times not?

Thanks,
JS

Asked on 3/22/05, 1:43 pm

2 Answers from Attorneys

Walter LeVine Walter D. LeVine, Esq.

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Re: Power of Attorney - which form to use

Durable only means that it can be used if the maker is incapacitated or not available. More important is the contents of the document and what can be done in the name of the maker. I recommend an extensive, comprehensive document, that includes, among other things, the power to make gifts of the maker's assets, even to the point of rendering the maker destitute. This is important for Medicaid planning, estate planning and related matters. If you need assistance, I have a form that covers all matters and can provide you with it for a nominal fee. Additionally, there should also be a Health Care Diretcive ("Living Will") naming you as the agent to provide health-care directions if the maker is unable to act himself. Again, I can provide a comp-rehensive form for a nominal fee.

Answered on 3/23/05, 4:57 pm

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