Does a new power of attorney revoke an earlier one in New Jersey?

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?

Answer:

In New Jersey, executing a new power of attorney does not automatically revoke an earlier one unless it specifically states that it does. According to N.J. Stat. § 46:2B-8.10, a power of attorney is revoked if the principal destroys all originals, signs a written revocation, or delivers a written revocation to the attorney-in-fact. Since your new power of attorney to your nephew does not mention revocation, it does not invalidate the earlier one given to your niece.

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.

FAQs

In New Jersey, a power of attorney can remain valid indefinitely unless it is revoked by the principal or it specifies a termination date. However, certain powers of attorney, such as those for healthcare, may have specific limits based on the principal's capacity. Always check the specific terms of your document for validity details.