The Value of a Durable Power of Attorney

A Durable Power of Attorney 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.

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!

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Speak to Fredrick P. Niemann, 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


Why Do You Need a Power of Attorney in New Jersey?

  • A POA is often a person’s most important legal document.
  • It avoids the need for a guardianship proceeding in Court and the state’s intrusion in your life.
  • A Power of Attorney can save you nearly $7,000 of unnecessary guardianship expenses should you become incapacitated.
  • You get to choose your legal representative as your Power of Attorney to make decisions in your best interests, not a judge.
  • A well written Power of Attorney addresses those financial, personal, medical and quality of life decisions and authority you want your representative to have.
  • Did you know that in NJ, a spouse has no legal authority to make decisions for their spouse if they become sick or injured without a Power of Attorney?
  • Did you know that a parent or adult child has no legal decision making authority over their adult children or aging parent without a Power of Attorney?
  • Fredrick P. Niemann, Esq., a 30+ year experienced NJ elder care and elder law lawyer, says “you absolutely must have a Power of Attorney. Don’t delay.”


  • Is your General Durable Power of Attorney more than 10 years old? If so, banks in New Jersey are not required to accept it. We recommend that your General Durable power of Attorney and Living Will be updated or reviewed every 5 or so years.
  • Does your General Durable Power of Attorney continue to name the appropriate representative for you? You are allowed to name one or more attorney(s)-in-fact to act in your place with reference to your financial matters in the event that you are unable to do so. You should verify that your named attor ney(s)-in-fact and any successors have current addresses.
  • Does your General Durable Power of Attorney allow for Medicaid and estate tax planning or gifting? Many persons want the ability to engage in asset protection planning to shelter assets from the cost of nursing home care and death taxes. Your General Durable Power of Attorney should specifically grant your attorney(s)-in-fact the power to engage in this type of planning. We are recommending to all or our clients that they update their General Durable Power of Attorney if it does not specifically authorize this type of asset and income protection planning in the future.
  • Does your Health Care Power of Attorney reference the Health Insurance Portability and Accountability Act (“HIPAA”)? 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. We are recommend ing to all of our clients that they update their Health Care Powers of Attorney to include a HIPAA provi sion to avoid any inability of a Health Care Representative to receive information in the event of medical emergency.

If you have questions about Power of Attorneys, conservatorship, trusts or elder law in New Jersey,

Contact a lawyer about your Power of Attorney

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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


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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.


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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.


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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.