Written by New Jersey Power of Attorney Lawyer Fredrick P. Niemann, Esq. of the Hanlon Niemann Law Firm in New Jersey
A durable Power of Attorney document is an excellent planning device for almost everyone. It is particularly useful for individuals who are concerned about their physical and mental health and well-being, now and in the future. Without a power of attorney, there is nobody that is automatically granted the authority to make decisions on your behalf. A spouse cannot make decisions on behalf of the other spouse, a parent cannot make decisions on behalf of his or her adult children, and a child cannot make decisions on behalf of his or her elderly parents.
Should you become incapacitated in the future, a power of attorney avoids the need for those persons who care about you to institute the guardianship proceeding, saving you thousands and thousands of dollars in unnecessary guardianship expenses should you become incapacitated. This is because a Power of Attorney document appoints who your legal representative is and what authority he or she will have to make decisions concerning your financial, personal, medical and quality of life. It is often a person’s most important legal document.
If you already have a power of attorney, there are some considerations you must take into account to ensure your document is valid and continues to reflect your wishes should something happen to you. The first thing you should check is the date you signed this document. If the document is more than 10 years old, banks in New Jersey are not required to accept it. We recommend that your general durable power of attorney be updated or reviewed every 5 or so years, or whenever there is a major change in your life circumstances (i.e. divorce, death, relocation, etc.) You should also ensure that your named attorney(s)-in-fact and any successors have current addresses on the form, and update it if not.
There are also some specific provisions that we recommend putting into a power of attorney document. First off, it should contain a clause granting your attorney(s)-in-fact the power to engage in Medicaid and estate tax planning and/or gifting. Many persons what the ability to engage in asset protection planning to shelter assets from the cost of nursing home care and death taxes. It also should contain a clause referencing the Health Insurance Portability and Accountability Act (“HIPAA”) to avoid any inability of a health care representative to received Medicaid information in the event of a medical emergency. The HIPAA privacy rules have created a new category of private information called “Protected Health Information” (PHI) or “Protected Medical Information” (PMI). In order to avoid any issues about the persons to whom your health care provider may divulge your PHI, you should specifically state who has the right to receive your PHI.
If you have questions about Power of Attorneys, conservatorship, trusts or elder law in New Jersey, contact Fredrick P. Niemann, Esq. toll-free at 855-376-5291 or e-mail him at firstname.lastname@example.org . Set up an office consultation at your convenience. He is easy to talk to and will answer your questions in plain, simple English.
In the discussion that follows, the major highlights and benefits of a Durable Power of Attorney (DPA) or (POA) are explained from an experienced Power of Attorney lawyer in New Jersey. The discussion is not intended to be exhaustive, and legal counseling may be necessary for persons interested in signing such a document. Why? Because a Power of Attorney is a powerful legal tool!
!Why Choose Hanlon Niemann
Speak to Fredrick P. Niemann, Esq., a NJ power of attorney lawyer, on how using a durable power of attorney and health care directive can protect your estate, assets and income and personal welfare. He can be reached toll-free at (855) 376-5291 or by email at email@example.com.
Why Do You Need a Power of Attorney in New Jersey?
If you have questions about Power of Attorneys, conservatorship, trusts or elder law in New Jersey,
Contact Fredrick P. Niemann, Esq. toll-free at
or e-mail him at
Set up an office consultation at your convenience. He is easy to talk to and will answer your questions in plain, simple English.
Please visit our other helpful websites:NJ Special Needs Trust Attorney NJ Guardianship Attorney NJ Elder Care Lawyer NJ Medicaid Attorney NJ Probate Attorney Alzheimer’s & Dementia Lawyer
My husband and I were together for almost twenty (20) years. We met with Mr. Niemann to have our Wills, Powers of Attorneys and Healthcare Directives prepared. Mr. Niemann was insistent that we have a Comprehensive Power of Attorney, Healthcare Directive and Living Will to protect us in the event that either one of us became sick. Recently, my husband passed after a sudden illness. Thank Goodness for the Healthcare Directive and Power of Attorney prepared by Mr. Niemann. I submitted the documents to the attending physician who promised to honor their terms and purposes. It saved me from possible anguish in case there was a disagreement as to whether life support should or should not be continued. I now better understand the benefit to having a Power of Attorney and Healthcare Directive and am appreciative of Mr. Niemann’s advice concerning the importance of these documents.
I have agreed to sponsor this testimonial because I know firsthand the importance of having a Power of Attorney and Healthcare Directive when faced with an unexpected personal or family emergency.
-Donna Foster, Manalapan, NJ
My son is an attorney in New Jersey. I am retired and live in Ocean County, New Jersey about 45 minutes away from my son. I needed a lawyer to look at my estate planning documents including Will, Power of Attorney and Health Care Directive. My son recommended Hanlon Niemann in Freehold, New Jersey, specifically Fredrick P. Niemann. I took his advice and met with Mr. Niemann. I am glad that I did. He is a warm and engaging person. No pretense, no airs about him. I immediately felt at ease and we talked about everything that I wanted to do and accomplish with my estate planning. I felt I could open up to him and tell him what was really important to me. He prepared the documents as we discussed and sent them to me in advance to review and approve. Then he scheduled me for a signature session where my appointment was promptly kept and a friendly, positive staff witnessed all of my documents. My son, the attorney, gave me good advice when he recommended Mr. Niemann.
If you are searching for a special attorney, someone who is experienced, likeable as a person and professional, call Mr. Niemann. I felt good about my choice.
-Frank Mollo, Manchester, NJ
Recent Speaking Events by Fredrick P. Niemann, Esq.
You Can View Fred’s Current Schedule by Clicking Here
OFFICE OF CONTINUING EDUCATION WORKSHOPS
Rutgers State University is pleased to invite Mr. Fred Niemann of Hanlon Niemann to be the guest speaker at their workshops for the Office of Continuing Education.
Mr. Niemann will offer continuing Education courses on “Elder Abuse and Financial Exploitation”, “Hidden Secrets of Veterans Benefits”, “Veterans Aid and Attendance Benefits 2013”, “Medicaid Changes: The Approaching Storm”, and the “New NJ Comprehensive Waiver Demonstration”.
Click here to check our website for current dates for these events.
Fredrick P. Niemann, Esq. was recently asked to speak at the NJ State Bar Association Institute of Continuing Legal Education in New Brunswick, NJ on the essentials of estate planning.
Mr. Niemann addressed attorneys from throughout the state of NJ interested in learning key concepts and principals of NJ estate planning, including such topics as wills, trusts, estate taxations, asset protection, powers of attorney, health care directives, special needs and supplemental needs trusts for disabled and incapacitated individuals, avoiding probate through creative use of beneficiary planning, inheritance taxes, gifting and changes coming to federal estate taxation.
Fredrick P. Niemann, Esq. attended the 46th annual Heckerling Institute on Estate Planning Conference from January 9th to January 13th at the Orlando World Center sponsored by the Community of Miami School of Law. This week long session assembled the nation’s leading authorities to lecture and discuss the latest in estate planning techniques and strategies. Topics analyzed and discussed included 1) elder law; 2) asset protection; 3) statutory case law developments; 4) planning with financial assets including annuities, Roth IRA’s, and life insurance policies; 5) litigation and tax controversies; 6) networking and practice development.
Mercer County Chapter of the New Jersey Society of CPAs
Fredrick P. Niemann spoke before the State Society of CPAs Mercer County Chapter on the subject of Estate Planning and Asset Protection Planning for individuals and families. Topics addressed during the 4 hour seminar included hospice planning and asset protection, Veterans Aid & Attendance, planning through the use of a Power of Attorney, Living Will and Healthcare Directive. Attendees at the seminar were eligible to receive 4 hours of professional CEU credits from the State Society.
Fredrick P. Niemann, Esq. was invited by the Office of Elder Rights and Adult Protective Services of the Department of Health and Senior Services, Division of Aging and Community Services, to make comments on existing Adult Protective Services Programs on August 25, 2010 at the State Capitol located in Trenton, New Jersey. On March 6th, Fredrick P. Niemann, Esq. addressed the Monmouth County NJ Bar Association Family Law Committee on Special Needs Trusts, Supplemental Needs Trusts for adult and minor incapacitated children and aged parents and their use in asset planning and eligibility for government benefit programs, including Medicaid, SSI and SSD.
Fredrick P. Niemann, Esq. was invited by the Office of Elder Rights and Adult Protective Services of the Department of Health and Senior Services, Division of Aging and Community Services, to make comments on existing Adult Protective Services Programs on August 25, 2010 at the State Capitol located in Trenton, New Jersey.
On March 6th, Fredrick P. Niemann, Esq. addressed the Monmouth County NJ Bar Association Family Law Committee on Special Needs Trusts, Supplemental Needs Trusts for adult and minor incapacitated children and aged parents and their use in asset planning and eligibility for government benefit programs, including Medicaid, SSI and SSD.
NJ Power Of Attorney Lawyer
A New Jersey Power of Attorney – A Real
Alternative to Guardianship in New Jersey