Full question:
I wanna execute a power of attorney in favor of my wife. Can I add a provision to delegate that power to my son if she is disabled?
- Category: Power of Attorney
- Date:
- State: New Jersey
Answer:
In New Jersey, when you name a power of a ttorney, you can direct that it passes along successivley on certain conditions. The successor may act upon the disability of the predecessor named attorney-in-fact. It is covered under N.J. Stat. § 46:2B-8.7 which reads:“***
e. The power of attorney may provide that the attorneys-in-fact act successively. Unless the power of attorney otherwise provides for the conditions under which a successor is qualified to act, the successor may act only upon the death, the written resignation, or the disability of the predecessor named attorney-in-fact.”
e. The power of attorney may provide that the attorneys-in-fact act successively. Unless the power of attorney otherwise provides for the conditions under which a successor is qualified to act, the successor may act only upon the death, the written resignation, or the disability of the predecessor named attorney-in-fact.”
Here, you can execute a multiple power of attorney and a provision that the attorneys-in-fact shall act successively. In doing so, you can delegate the power, conferred to your wife by the power of attorney, to your son on your wife’s disability.
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.
