Can an attorney-in-fact delegate a work conferred on him by a power of attorney to another?

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?

Answer:

In New Jersey, in the exercise of a work that requires reasonable care, skill, and caution, an attorney-in-fact may delegate work that requires some reasonable standard of skill or care. The delegation is allowed under N.J. Stat. § 46:2B-8.8 which reads:
“If the power of attorney shall specifically provide, the attorney-in-fact, in the exercise of reasonable care, skill and caution, may delegate to other agents such one, more, or all of the specific powers which have been conferred on the attorney-in-fact by the power of attorney.”
 
In the instant case, the manager can probably delegate the work because maintaining finance transactions and filing tax return arguably requires specific finance management 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

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.