Legal Question in Wills and Trusts in New Jersey

I need to become power of attorney for my father who lives in NJ and I live in Maryland. Would papers have to be prepared in the state of NJ or Maryland? Should I file as Power of Attorney or Durable Power of Attorney?

My father is terminally ill. I need to be able to make decisions regarding his medical condition, his home, etc.


Asked on 11/27/13, 5:53 am

3 Answers from Attorneys

Keith Singer Keith A. Singer, Attorney At Law

I can assist you with your request, please contact my office and I will discuss the details. Your father will need to be able to understand what he is signing so you will need to answer that question for me. Best regards, Keith Singer, Esq. 732-749-3700

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Answered on 11/27/13, 6:29 am
Ronald Cappuccio Ronald J. Cappuccio, J.D., LL.M.(Tax)

The power of attorney should be prepared in New Jersey. Also, your father's Will and Estate Plan should be reviewed. If your father has not already prepared a medical decision power of attorney that should also be done because of his health condition. Depending upon your father's condition, it may actually be easier to set up a trust and transfer the assets to the trust.

You need a good tax and estate planning attorney to help you.

Good luck!

Ron Cappuccio

www.SaveYourEstate.com

856-665-2121

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Answered on 11/27/13, 7:14 am
Miriam Jacobson Retired from practice of law

Your father has to be the client and has to be the one directing the attorney to create the documents. As mentioned above, he has to have the mental capacity to do this. If he is unable to travel to a lawyer's office, find a lawyer who can go to your father's location and meet with him in private - that means with no one else present, including without you there.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 11/27/13, 9:14 am


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