Full question:
My grandfather has executed a power of attorney of property in New Jersey to one of his managers. I came to know that the manager is secretly trying to gift my grandfather’s property to his wife. Can he legally do that by using the power of attorney?
- Category: Power of Attorney
- Date:
- State: New Jersey
Answer:
In New Jersey, an attorney-in-fact cannot transfer the property of the principal without expressly and specifically so authorizes in the power of attorney. Gifting of principal's property by the attorney-in-fact is prohibited under N.J. Stat. § 46:2B-8.13a which reads as:“A power of attorney shall not be construed to authorize the attorney-in-fact to gratuitously transfer property of the principal to the attorney-in-fact or to others except to the extent that the power of attorney expressly and specifically so authorizes. An authorization in a power of attorney to generally perform all acts which the principal could perform if personally present and capable of acting, or words of like effect or meaning, is not an express or specific authorization to make gifts.”
In the instant case, the manager cannot legally gift your grandfather’s property to his wife by using the power of attorney.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
