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NEW JERSEY LEGAL INFORMATION
Power of Attorney Statutes
- Notary: The signature of the principal upon a POA must be acknowledged by a notary.
- Witnesses: There is no requirement of a witness to the signature of principal in addition to the notary.
- Signature of Agent: No requirement that the agent sign the POA; however, the standard MedLawPlus.comŽ POA form does have a signature block for the agent. It is a recommended practice to have the agent (also called "attorney-in-fact") sign the POA.
- New Jersey Statutes dealing with Powers of Attorney, See Section 46:2B-8.1 through 8.9.
- General information on New Jersey POA.
Selected Statutes
New Jersey Permanent Statutes
- 46:14-2.1. Acknowledgment and proof
a. To acknowledge a deed or other instrument the maker of the instrument shall appear before an officer specified in R.S.46:14-6.1 and acknowledge that it was executed as the maker's own act. To acknowledge a deed or other instrument made on behalf of a corporation or other entity, the maker shall appear before an officer specified in R.S.46:14-6.1 and state that the maker was authorized to execute the instrument on behalf of the entity and that the maker executed the instrument as the act of the entity.
b. To prove a deed or other instrument, a subscribing witness shall appear before an officer specified in R.S.46:14-6.1 and swear that he or she witnessed the maker of the instrument execute the instrument as the maker's own act. To prove a deed or other instrument executed on behalf of a corporation or other entity, a subscribing witness shall appear before an officer specified in R.S.46:14-6.1 and swear that the representative was authorized to execute the instrument on behalf of the entity, and that he or she witnessed the representative execute the instrument as the act of the entity.
c. The officer taking an acknowledgment or proof shall sign a certificate stating that acknowledgment or proof. The certificate shall also state:
- that the maker or the witness personally appeared before the officer;
- that the officer was satisfied that the person who made the acknowledgment or proof was the maker of or the witness to the instrument;
- the jurisdiction in which the acknowledgment or proof was taken;
- the officer's name and title;
- the date on which the acknowledgment was taken.
d. The seal of the officer taking the acknowledgment or proof need not be affixed to the certificate stating that acknowledgment or proof.
- 46:14-6.1. Officers authorized to take acknowledgments
a. The officers of this State authorized to take acknowledgments or proofs in this State, or in any other United States or foreign jurisdiction, are:
- an attorney-at-law;
- a notary public;
- a county clerk or deputy county clerk;
- a register of deeds and mortgages or a deputy register;
- a surrogate or deputy surrogate.
b. The officers authorized to take acknowledgments or proofs, in addition to those listed in subsection a., are:
- any officer of the United States, of a state, territory or district of the United States, or of a foreign nation authorized at the time and place of the acknowledgment or proof by the laws of that jurisdiction to take acknowledgments or proofs. If the certificate of acknowledgment or proof does not designate the officer as a justice, judge or notary, the certificate of acknowledgment or proof, or an affidavit appended to it, shall contain a statement of the officer's authority to take acknowledgments or proofs;
- a foreign commissioner of deeds for New Jersey within the jurisdiction of the commission;
- a foreign service or consular officer or other representative of the United States to any foreign nation, within the territory of that nation.
Library of Informational Legal Articles
DISCLAIMER
The above is provided for informational purposes only and is NOT to be relied upon as legal advice. This service is not a substitute for the advice of an attorney and we encourage users to have all documents created on our site reviewed by an attorney. No attorney-client relationship is established by use of our online legal forms system and the user is not to rely upon any information found anywhere on our site. THESE FORMS ARE SOLD ON AN "AS IS" BASIS WITH NO WARRANTIES OR GUARANTIES. If you wish personal assistance in deciding whether the document found on our site is right for you or desire representations and warranties upon the legality of the document you are purchasing in the jurisdiction you will be using it, contact an attorney licensed to practice law in your state.
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