Legal Question in Wills and Trusts in New Jersey

I would like to create a Power of Attorney on behalf on my Father. He is in the early stages of Dementia. My sublings are in agreement with this approach. My Father and sister live in New Jersey, while my brother and I live in North Carolina.


Asked on 12/30/11, 11:09 am

3 Answers from Attorneys

Bernard J. Berkowitz Berkowitz & Raiken

If your father agrees and is competent to make a decision, he can sign a power of attorney prepared by any attorney. Just call my office for an appointment and it can be done quickly. The fee is about $150 and it needs to be signed and notarized by your father.

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Answered on 12/30/11, 11:29 am
Miriam Jacobson Retired from practice of law

Your father has to consult a lawyer himself. You cannot "create" a power of attorney for another person. And, your father's consultation has to be with only him and the lawyer in the room.

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 12/30/11, 11:29 am
Ronald Cappuccio Ronald J. Cappuccio, J.D., LL.M.(Tax)

The better solution would be to have a Trust established along with a Durable General Power of Attorney. Assets could be transferred into the Trust so there would be no question concerning authority for financial actions.

You should have your father immediately contact a tax and estates lawyer.

I hope this helps!

Ronald J. Cappuccio, J.D., LL.M. (Tax)

www.SaveYourEstate.com

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Answered on 12/30/11, 2:50 pm


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