Kenneth Vercammen, Esq is Chair of the ABA Elder Law Committee and presents seminars to attorneys and the public on Wills, Probate and other legal topics related to Estate Planning and Elder law. He is author of the ABA's book "Wills and Estate Administration. Kenneth Vercammen & Associates,
2053 Woodbridge Avenue - Edison, NJ 08817
(732) 572-0500 More information at www.njlaws.com/

Wednesday, May 17, 2017

46 :2B-8.3 Durable power of attorney not affected by lapse of time; disability or incapacity.

46 :2B-8.3  Durable power of attorney not affected by lapse of time; disability or incapacity.

   3.   Durable Power of Attorney Not Affected By Lapse of Time; Disability or Incapacity.

   All acts done by an attorney-in-fact pursuant to a durable power of attorney during any period when the power of attorney is effective in accordance with its terms, including any period when the principal is under a disability, have the same effect and inure to the benefit of and bind the principal and the principal's successors in interest as if the principal were competent and not disabled.  Unless the instrument states a time of termination, the power is exercisable notwithstanding the lapse of time since the execution of the instrument.

   L.2000,c.109,s.3.