US Legal Forms
Legal Resources
Questions & Answers
Power of Attorney
Can a manager delegate business account management under a power of attorney?

Can a manager delegate business account management under a power of attorney?

Full question:

My wife, who lives in New Jersey, executed a power of attorney so that one of her managers can manage her business accounts. This includes maintaining her finances and filing tax return. The manager delegated all those activities to an account management firm because he felt the tasks require special skills. Can he legally do that?

Category: Power of Attorney
Date: 04/07/2025
State: New Jersey

Answer:

In New Jersey, an attorney-in-fact can delegate tasks that require reasonable care, skill, and caution. According to N.J. Stat. § 46:2B-8.8, if the power of attorney specifically allows it, the attorney-in-fact may delegate some or all of the powers granted to them. In this case, the manager can likely delegate the tasks of managing finances and filing tax returns, as these activities require specialized financial skills.

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

Does a spouse automatically have power of attorney in New Jersey?

No, a spouse does not automatically have power of attorney in New Jersey. Power of attorney must be explicitly granted through a legal document signed by the person giving the authority. This document outlines the specific powers granted to the attorney-in-fact. Without this formal designation, a spouse does not have the legal authority to make decisions on behalf of their partner.

What are the rules for POA in New Jersey?

In New Jersey, a power of attorney (POA) must be in writing and signed by the person granting the authority. It can grant broad or limited powers, and the agent must act in the principal's best interest. The POA can be revoked at any time, as long as the principal is competent. Additionally, the agent must follow any specific instructions provided in the document.

What are the rules for power of attorney in New Jersey?

Power of attorney rules in New Jersey require that the document be in writing and signed by the principal. The principal must be mentally competent when signing. The agent must act in the principal's best interests and can only perform the tasks authorized in the POA. The document can specify whether the authority is durable, meaning it remains effective if the principal becomes incapacitated.

What three decisions cannot be made by a legal power of attorney?

A legal power of attorney cannot make decisions regarding the principal's will, vote on behalf of the principal in elections, or make decisions about the principal's medical treatment if the POA does not include healthcare powers. These areas typically require separate legal documents or specific provisions to be included in the POA.

Who can override a power of attorney in New Jersey?

In New Jersey, a power of attorney can be overridden by the principal if they are still competent. Additionally, a court can intervene if there is evidence of abuse or if the agent is not acting in the principal's best interests. Family members or interested parties may also petition the court to revoke the POA under certain circumstances.