General Durable Power of Attorney for Property and Finances or Financial Effective upon Disability - New Jersey 2025

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The difference is literally life and death. The agent serving under your power of attorney only has power and authority to act during your lifetime. Conversely, the executor is a person who is appointed by the probate court to close out your estate when you pass away.
One major downfall of a POA is the agent may act in ways or do things that the principal had not intended. There is no direct oversight of the agents activities by anyone other than you, the principal. This can lend a hand to situations such as elder financial abuse and/or fraud.
Even though your living will sets out your medical wishes, it cant cover every circumstance, so its essential to designate a person who has a durable power of attorney for healthcare who can make decisions on your behalf; decisions not covered by your living will.
Durable Power of Attorney This is sometimes used with elderly individuals preparing for the onset of Alzheimers or other debilitating diseases and gives a child broad leverage to manage their affairs even after they become incompetent. A durable power of attorney ends only upon the death of the principle.
A durable power of attorney for health care (DPOA) is a document that allows you to appoint an agent to make health care decisions for you if you are rendered incapable of making those decisions yourself. This includes the authority to execute the wishes expressed in your living will.
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Choosing between durable and general depends on what you need for the future. We suggest talking to an estate planning lawyer to see which one is right for you. In short, durable powers of attorney give better protection if someone cant make decisions and keep decision-making going.
Two powerful pieces of any Estate Plan include a Living Will and a Power of Attorney (POA). At a high level, a Living Will is a legal document that clearly and explicitly states your wishes in regards to medical treatments and decisions. A Power of Attorney grants authority to someone you trust to act on your behalf.

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