Can spouses or close family members Witness POAs, Wills, Advance Directives?
Is it legally permitted for spouses and other close family members to sign as a Witness on a Durable POA, a Will, and or an Advance Directive in New Jersey, or must Witnesses be non family members for the above 3 items to be legally binding? Thank you.
Re: Can spouses or close family members Witness POAs, Wills, Advance Directives?
Signing as a witness by a family member does not by itself ‘invalidate’ the document. However, it is not a good practice, and should be avoided as it could raise a question as to undue influence, etc.
Jonathan Chester
Lindabury, McCormick, Estabrook & Cooper, P.C.
480 Morris Avenue
Summit, NJ 07901