Free New Jersey Minor (Child) Power of Attorney Template

A New Jersey minor (child) power of attorney delegates a parent’s, custodian’s, or guardian’s powers over a child’s care, custody, or property under N.J.S. 3B:12-39. New Jersey expanded the law in 2021 and added a suggested form.

One Year, Renewable

A delegation expires one year from its effective date. You can renew it for additional one-year periods using the same process. The statute also allows six more months in exigent circumstances, such as when you’re incapacitated and can’t sign a renewal.

Start Now or Later

The delegation can take effect at signing or on an activating event you choose. The statute lists examples, including:

• A physician finding you incapacitated or debilitated
• Immigration detention, removal, or deportation
• Criminal proceedings that separate you from the child
• Military service
• Your death, if no more permanent arrangement exists

You Stay in Charge

You keep your own powers and use them alongside the attorney-in-fact. If the two of you disagree, your decision controls.

Usually, yes. A parent generally needs the other parent’s consent, signed on the New Jersey minor (child) power of attorney in the presence of two witnesses.

You don’t need that consent when the other parent has died or is incapacitated or unavailable. Unavailable includes a parent whose whereabouts are unknown, who can’t be reached after diligent efforts, or who hasn’t been involved in raising or supporting the child for two years or a third of the child’s life, whichever is less.

1. List each parent, custodian, or guardian with contact details.
2. Name the attorney-in-fact, plus an alternate if you want one.
3. Check the powers you’re granting, such as care-giving, education, health care, or travel.
4. Choose one or more activating events.
5. Sign with the other parent’s consent, or note why it isn’t needed.
6. Have two witnesses sign and list their addresses.

To revoke, notify the attorney-in-fact orally, in writing, or by another act showing a clear intent to revoke.

The statute’s suggested form makes a strong checklist.

• Names, addresses, and phone numbers of the delegating parties and the attorney-in-fact
• Each child’s name and birth date
• The powers granted, checked one by one
• The activating events you’ve selected
• An alternate attorney-in-fact, if any
• Signatures of both parents or the reason one is missing
• Two witness signatures with addresses

Create your New Jersey minor (child) power of attorney today and keep your plan in place.