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Powers of Attorney

Designate someone you trust to make financial and medical decisions on your behalf if you become incapacitated — before the court decides for you.

"Without a power of attorney, your family may need to petition the court for guardianship — a costly, public, and time-consuming process."

A power of attorney is one of the most important — and most overlooked — documents in any estate plan. It allows you to choose who will manage your finances and make healthcare decisions if you're unable to do so yourself.

Without one, your family has no legal authority to act on your behalf. Papola Law drafts durable powers of attorney tailored to New Jersey law and your specific circumstances.

What You Need

Types of Power of Attorney

01

Durable Financial Power of Attorney

Authorizes your agent to manage your financial affairs — banking, investments, real estate, tax filings, and business operations — if you become incapacitated. "Durable" means it remains effective even after you lose capacity, which is precisely when you need it most. In New Jersey, this document should be drafted to comply with NJSA 46:2B-8.1 et seq.

02

Healthcare Power of Attorney (Proxy Directive)

Designates someone to make medical decisions on your behalf if you are unable to communicate your wishes. In New Jersey, this is governed by the NJ Advance Directives for Health Care Act (NJSA 26:2H-53 et seq.). Your healthcare proxy can consent to or refuse treatment, choose providers, and access your medical records.

03

Living Will (Instruction Directive)

A written statement of your wishes regarding life-sustaining treatment if you are terminally ill or permanently unconscious. Unlike a healthcare proxy, a living will speaks directly — it tells doctors what you want when you can't tell them yourself. We typically prepare this alongside your healthcare power of attorney.

04

Limited Power of Attorney

Grants authority for a specific purpose and a limited time — for example, authorizing someone to sign closing documents on a real estate transaction while you're out of the country, or to manage a single financial account. The authority terminates when the task is complete.

Why It Matters

What happens without a power of attorney?

If you become incapacitated without a power of attorney, your family must petition the Superior Court for guardianship — a process that is public, expensive (often $5,000–$15,000+), and can take months. The court — not your family — decides who manages your affairs.

A properly drafted power of attorney avoids all of this. It costs a fraction of what guardianship costs, it's private, and it puts the person you trust in charge — immediately.

$5K+
Typical cost of a guardianship proceeding in New Jersey — and that's on the low end.
3–6 mo
Average wait time to obtain a court-appointed guardian — during which no one can access your accounts or make medical decisions.
100%
Avoidable with a properly drafted durable power of attorney.
Get Started

Choose who speaks for you — before the court does.

Schedule a free consultation to discuss your power of attorney needs. We'll explain your options in plain English.

Call us at 732-200-2877
Free Consultation
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