Signing Over Authority
N.J.S.A. 46:2B-8.9 — in writing, signed and acknowledged, and durable only with the words
In New Jersey, a power of attorney is a written instrument by which a principal authorizes an attorney in fact, one or more individuals or a qualified bank, to act as agent. It must be in writing, duly signed, and acknowledged in the manner set out in R.S.46:14-2.1.
Durable only with the words. A durable power of attorney contains the words "this power of attorney shall not be affected by subsequent disability or incapacity of the principal, or lapse of time," or "this power of attorney shall become effective upon the disability or incapacity of the principal," or similar words showing the same intent. Unless it states a time of termination, it does not lapse with time.
Unless the document defines it otherwise, a principal is under a disability when unable to manage their property and affairs effectively, which is the event a power of attorney written to start on disability waits for.
An attorney in fact owes the principal a fiduciary duty to act within the powers given and solely for the principal's benefit, and keeps accurate books and records of all financial transactions.
Who can demand an accounting. The principal, a guardian or conservator, and the personal representative of the principal's estate may require the attorney in fact to account. Any heir or other next friend may ask the Superior Court to order one, if the court is satisfied the principal is incapacitated and there is doubt whether the attorney in fact is staying within the powers or acting solely for the principal.
| The assumption | What the law actually does |
|---|---|
| The assumptionIt survives incapacity automatically | What the law actually doesDurable when it carries the section's words or similar ones |
| The assumptionA signature is enough | What the law actually doesIn writing, signed and acknowledged |
| The assumptionFamily has no way to ask what the agent did | What the law actually doesAn heir or next friend can ask the Superior Court to order an accounting |
Revocation, a third party's reliance on a document, and health care directives run under their own sections and statutes and are not on this page. Drafting, limiting or challenging one is a matter for a licensed New Jersey attorney.
Sources for this section (3)
- N.J.S.A. 46:2B-8.9 — Formality
- N.J.S.A. 46:2B-8.2 — Powers of attorney; durable powers of attorney; disability defined
- N.J.S.A. 46:2B-8.13 — Fiduciary status and duty to account
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed New Jersey attorney.