By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Power of Attorney Lawyer

Many third parties insist on review of the original of a power of attorney. Both the Revised Durable Power of Attorney Act and the banking power of attorney act require the agent to present the original power of attorney document. While both laws permit a third party or bank to rely upon a copy of the power of attorney once the third party/bank has been presented with the original document, with one limited exception, both acts require the agent first to present the original document.

The one exception to the agent’s obligation to present the original power of attorney exists in the banking power of attorney act, but this exception is extremely limited. A financial institution can rely upon a photocopy of the power of attorney document if the agent signs an affidavit that the original power of attorney is unavailable and if the photocopy of the power of attorney is certified to be a true copy of the original document by either another bank or the county recording office of the county in which the original was recorded.

To discuss your NJ Power of Attorney matter, please contact Fredrick P. Niemann, Esq. toll-free at (855) 376-5291 or email him at fniemann@hnlawfirm.com.  Please ask us about our video conferencing consultations if you are unable to come to our office.