Full question:
I executed a power of attorney of my estate in New Jersey to my niece. There was no mention that it will be revoked by a subsequent power of attorney. Thereafter I changed my mind and executed another power of attorney of the same estate to my nephew. Will the subsequent execution of power of attorney to my nephew revoke the earlier power of attorney executed to my niece?
- Category: Power of Attorney
- Date:
- State: New Jersey
Answer:
In New Jersey, the subsequent execution of another power of attorney does not revoke an earlier power of attorney on the same, unless expressly so provided. Revocation of a power of attorney is envisaged in N.J. Stat. § 46:2B-8.10 which reads as:“A power of attorney is revoked when the principal has caused all executed originals of the power of attorney to be physically destroyed; or when the principal has signed and caused to be acknowledged in the manner set forth in R.S. 46:14-2.1 a written instrument of revocation; or when the principal has delivered to the attorney-in-fact a written revocation. Unless expressly so provided, the subsequent execution of another power of attorney does not revoke a power of attorney.”
In the instant case, your subsequent execution of power of attorney to your nephew does not revoke the earlier power of attorney executed to your niece because there was no mention in the power of attorney that it will be revoked by a subsequent 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.
