New Jersey Revocation of Power of Attorney Form
In accordance with § 46:2B-8.10, in the state of New Jersey, a Principal has two (2) options for revoking a Power of Attorney (POA):
- Physically destroying “all executed originals of the Power of Attorney” or
- Signing and acknowledging “a written instrument of revocation” or delivering the Attorney-in-Fact a written revocation (both of which can be achieved via a New Jersey Revocation of Power of Attorney).
The latter option is recommended over the former one as it allows the POA to be revoked in a more formal manner. Moreover, documenting the revocation using a New Jersey Revocation of POA allows for a paper trail to be created—which may come in use should the revocation need to be referenced at a future date.
State Laws & Signing Requirements
State Laws – Revised Durable Power of Attorney Act
Signing Requirements (§ 46:2B-8.10) – State law specifies that for a Power of Attorney to be revoked using a written instrument such as a Revocation of Power of Attorney form, it must be “signed and caused to be acknowledged in the manner set forth in R.S.46:14-2.1.” This means that it is necessary for: a) the Principal to appear before an officer and acknowledge that the revocation was executed as their own act b) the officer to signs a certificate which reflect this acknowledgment / proof, and the statements found in R.S.46:14-2.1. c) one (1) witness to swear before the officer that the Principal did indeed execute the revocation by their own volition.