You probably don’t want to think about having an accident or becoming critically ill, but it’s important for you to plan for these situations, especially if you have children or dependents that rely on you for financial and personal care. Something you should consider in your planning is a New Jersey power of attorney. This legal document can save your loved ones a great deal of frustration and help you receive the best care possible if you become unable to make your own medical and financial decisions because of an accident or serious illness.

Power of Attorney

A New Jersey power of attorney is a legal document that is similar to a living will, but is different in how your wishes are designated. In a living will, you specify what kind of medical care you want to receive in the event that you are critically injured or become seriously ill enough that you can no longer make your own decisions. A power of attorney is different because instead of leaving specific instructions for your care, you designate a person to make decisions about your medical care and finances if you become unable to manage them on your own. A husband may designate his wife as his power of attorney or a mother may choose her oldest soon. Having this document in writing can eliminate a lot of stress for your family members if you become injured or ill.

Medical Decisions

Once you have designated a decision maker in your New Jersey power of attorney, that person will make medical decisions for you if you become unable to make them for yourself. This person may be called upon to make decisions about life support, ventilators, feeding tubes, and other medical treatments and diagnostic procedures. If you chose someone you can trust to do the right thing, these decisions will be made in the best interests of you and your family and not in the best interest of the designated decision maker.

Financial Decisions

A New Jersey power of attorney can also designate a person to handle your finances after you become unable to manage them on your own. You don’t need to be critically ill or injured to have your designated person begin managing your finances. Elderly people often designate someone to carry out this responsibility because they have become forgetful or suffer from dementia and other conditions that make managing finances too difficult. You should designate someone trustworthy so that the right decisions will be made. Your power of attorney should make sure your bills are paid and ensure that your money is handled cautiously.

While no one wants to think about being seriously injured or rendered unable to make basic financial and medical decisions, it can happen when you least expect it. Having a New Jersey power of attorney drafted before you actually need it can save your family a lot of heartache and confusion and help ensure that your wishes are carried out by someone you trust.

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Probate court is a special court that addresses matters governed by equity law. The primary function of this court is to oversee equitable disbursement of the estates of individuals who are deceased. However, it also oversees hundreds of legal matters including adoption, guardianship, marriage and name changes.

In 1784, probate courts came into existence in the United States, with the first established in Massachusetts. Its judiciary role is to provide distribution of estate assets and enforce equity law. Depending on the jurisdiction of the probate court, it may also be referred to as Court of Ordinary, Court of Equity, Orphans Court or Surrogate Court.

Equity law refers to an order which directs an individual to act or to refrain from acting. It differs from laws regulated by courts in that court regulated laws pertain to doctrines or statutes, while equity law is enforced by general guides known as “maxims of equity.”

Within the United States, each state is governed by probate laws adopted by their state government. Therefore, the probate process varies from state to state. Nearly all states require an estate to be administered by an appointed Executor. This person can be appointed through a Will or if a person dies intestate (leaving no valid Will), the court will appoint one. Usually this is a family member, but if the decedent has no living relatives the court will appoint an outsider to handle the case.

Although probate laws vary from state to state, nearly all require an estate to be overseen by an appointed Executor or Administrator. The estate executor is responsible for filing necessary documents including inventory, accounting and tax forms, and distribution of assets to beneficiaries and heirs.

The Executor reports to a probate judge and provides evidence that everything in the estate has been accounted for and settled. The judge reviews the case to ensure provisions in the decedent’s Last Will and Testament have been adhered to and creditors and taxes have been fully reimbursed. Once the judge signs off on the case, inheritance assets can be distributed to heirs.

Due to the intense amount of man-hours required to investigate an estate, assets are frequently tied up in the probate process for a minimum of six months. One way to avoid probate is to file a revocable living trust.

Probate court isn’t limited to only estate administration. It is responsible for overseeing all cases which require the enforcement of equity law. Additional functions of probate court include guardianship arrangements, adoptions, birth recordings, birth certificates, name changes and marriage licenses. In essence, probate court addresses daily living (and dying) issues.

Additionally, probate courts oversee civil actions relating to probate. Common civil actions include contest of the Will, determination of heirs, and presumption of death. Civil actions are the only cases presented in probate court that require a jury trial.

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