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An advance directive in New Jersey presents a legal document that allows individuals to outline their preferences for medical care in case they become unable to make decisions for themselves.
This document can include two main components: a proxy directive (like medical power of attorney), where individuals appoint an agent to make decisions on their behalf, and an instruction directive (living will), where they specify their wishes regarding end-of-life treatments.
An advance directive form ensures that a person's future medical preferences are honored, making it an essential part of advance care planning.
Signing Requirements for New Jersey Advance Health Care Directive
As stated in Section 26:2H-56 of New Jersey Revised Statutes, the signing requirements for a health care advance directive to be valid and legally enforceable are as follows:
Signing Requirements for New Jersey
The advance directive must be signed and dated by the declarant (the person creating it) or at the declarant's direction.
The document must be signed in the presence of two adult witnesses who attest that the declarant is signing the document free from duress or undue influence and is of sound mind. Importantly, a designated healthcare representative cannot serve as a witness.
The advance directive can also be signed and dated by the declarant and acknowledged before a notary public, attorney at law, or another authorized person.
New Jersey Advance Health Care Directive Revocation & Changing
A New Jersey advance directive becomes effective when the declarant is no longer able to make their own health care decisions due to incapacity. This could happen if they are unconscious, mentally unable to communicate, or otherwise not capable of making informed decisions.
According to Section 26:2H-57, the declarant can revoke an advance directive for health care by:
Directive Revocation and Changes
Informing their health care provider or representative, orally or in writing
Creating a new advance directive form, which cancels the old one
If the declarant divorces or ends a domestic partnership, their spouse or partner will be automatically removed as their health care representative unless specified otherwise.
Additional Legal Considerations for New Jersey Advance Health Care Directive
Section 26:2H-61(b) states that if a patient has a legal guardian appointed by the court, their advance directive agent still has the authority to make medical decisions on the declarant's behalf.
However, if the court specifically states in the guardian's appointment that the guardian has control over health care decisions, an agent's authority may be limited or overridden.
According to Section 26:2H-64, if a patient has created a health care advance directive but has not selected an agent, or if the selected agent or alternates are unavailable, an advance directive still remains valid.
The directive will guide the patient’s medical care if its instructions are clear and fit the situation. Everyone involved (legal guardian, family members, and doctors) must follow what the directive says when making decisions for the patient.
As specified in Section 26:2H-67, doctors in New Jersey can stop or withhold life-sustaining treatment based on an advance directive in the following situation:
If the treatment is not proven to work or merely prolongs the dying process
If the patient is permanently unconscious, confirmed by two doctors
If the patient is in a terminal condition, also confirmed by two doctors
If the patient has a serious illness and the risks of treatment are greater than the benefits
How to Choose a Health Care Agent in New Jersey
To choose the right person to be your New Jersey health care proxy, consider someone you trust who is responsible, understands your values, and is willing to follow your wishes.
Legally, the agent must be at least 18 years old and of sound mind, while your health care provider cannot be your agent unless they are your relatives.
It is important that a person is available and ready to handle potentially stressful decisions. So, before making final decisions, focus on discussing your preferences with the agent to ensure they are ready to act in your best interest.
What Happens if You Don’t Have an Advance Directive in New Jersey?
If you don't have an advance directive in New Jersey, your family or close friends will lack clear written instructions to guide medical decisions on your behalf. In such cases, decisions will typically follow standard practices that may not reflect your wishes.
On the other hand, having an advance directive—especially one that includes a durable power of attorney for health care—ensures that your wishes are clearly understood and honored, making you feel secure about your medical care.