According to New Jersey Law, an adult may prepare a written statement known as Instruction Directive to control a health care treatment decisions that can be made on that person behalf
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Health Care Proxy Directive (POA) designating an agent (surrogate) to make health care decisions for a principal. Legal Helpmate provides New Jersey Advance Directive for Health Care with Organ Donation Provision |
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Legal Helpmate® provides you with two options 1) Premium Package - New Jersey Advance Health Care Directive contains the following documents:
THIS ADVANCE HEALTH CARE DIRECTIVE IS NOT VALID UNLESS IT IS SIGNED IN THE PRESENCE OF TWO COMPETENT ADULT WITNESSES. THE FOLLOWING PERSONS MAY NOT ACT AS ONE OF THE WITNESSES: (1) the person designated by the Principal as your agent;(2) a person related to the Principal by blood or marriage; (3) a person entitled to any part of the Principal’s estate after the Principal’s death under a will or codicil executed by the Principal or by operation of law; (4) the Principal’s attending physician; (5) an employee of the Principal’s attending physician; (6) an employee of a health care facility in which the Principal is a patient if the employee is providing direct patient care to the Principal or is an officer, director, partner, or business office employee of the health care facility or of any parent organization of the health care facility; or (7) a person who, at the time this power of attorney is executed, has a claim against any part of the Principal’s estate after his or her death. ENFORCEABILITY OF ADVANCE DIRECTIVES EXECUTED IN ANOTHER JURISDICTION. An advance directive or similar instrument validly executed in another state or jurisdiction shall be given the same effect as an advance directive validly executed under the law of this state. I. HEALTH CARE INSTRUCTION DIRECTIVE (ADVANCE HEALTH CARE DIRECTIVE) In New Jersey, a Living Will is called an "Instruction Directive" (Advance Health Care directive), where you express your wishes in advance in regards to preferable methods of treatment in case you are incapacitated or incompetent. The issuance of an Instruction Directive is regulated by The New Jersey Advance Directives for Health Care Act.According to New Jersey law, the advance directive for health care may be a "proxy directive" and/or an "instruction directive." A proxy directive involves the appointment of a health care representative, whom the individual empowers to make his or her health care decisions in the event of the individual's incapacity. An instruction directive is a statement of an individual's personal wishes with regard to health care in the event of loss of decision making capacity. Any competent adult may execute a declaration directing that life sustaining procedures be withheld or withdrawn if, at some future time, he/she is in a terminal condition and either unconscious or otherwise incompetent to decide whether any medical procedure or intervention should be accepted or rejected. New Jersey Advance Directive for Health Care is an important legal document and designed to help you communicate your wishes about medical treatment at some time in the future when you are unable to make your wishes known because of illness or injury. These wishes are usually based on personal values. In particular, you may want to consider what burdens or hardships of treatment you would be willing to accept for a particular amount of benefit obtained if you were seriously ill. It is the responsibility of the principal (you) to provide for notification to your attending or treating physician that the living will has been made. In the event the principal is physically or mentally incapacitated at the time the principal is admitted to a health care facility, any other person may notify the physician or health care facility of the existence of the living will. An attending or treating physician or health care facility which is so notified shall promptly make the living will or a copy thereof a part of the principal's medical records. If there is something you do not understand about this document you should consult an attorney. When Does an Advance Directive Become Operative? An advance directive becomes operative when transmitted to the attending physician or health care institution and when the person is determined to lack capacity to make a particular health care decision. Such finding of a "lack of capacity" must be determined by an attending physician and verified by another physician. An Instruction Directive executed before two witnesses by any competent adult is legally effective. Before signing Before signing this New Jersey Instruction Directive (Advance Health Care directive) you need to discuss your treatment with your physician in as many details as possible, and consider types of treatments that you want/do not want to be performed for you when you are unable to express your wishes because of your illness. Please make sure to state clearly particular treatments you want or do not want. Revoking and changing A declaration may be revoked by the Declarant orally, in writing, or by burning, tearing, canceling, obliterating, or destroying said declaration. This document may not be changed or modified. If you want to make changes in the New Jersey Instruction Directive, you must make an entirely new one. II. PROXY DIRECTIVE (DURABLE POWER OF ATTORNEY FOR HEALTH CARE) Because your health care providers in some cases may not have had the opportunity to establish a long-term relationship with you, they are often unfamiliar with your beliefs and values and the details of your family relationships. This poses a problem if you become physically or mentally unable to make decisions about your health care.In order to avoid this problem, you may sign Health Care Proxy Directive to specify the person whom you want to make health care decisions for you if you are unable to make those decisions personally. That person is known as your health care agent. You should take some time to discuss your thoughts and beliefs about medical treatment with the person or persons whom you have specified (a trusted agent). You may state in this New Jersey Durable Power of Attorney for Health Care (Proxy Directive) any types of health care that you do or do not desire and you may limit the authority of your health care agent. If your health care agent is unaware of your desires with respect to a particular health care decision, he or she is required to determine what would be in your best interests in making the decision. The Durable Power of Attorney for Health Care is an important legal document. It gives your agent broad powers to make health care decisions for you. Durable Power of Attorney for Health Care revokes any prior power of attorney for health care that you may have made. If you wish to change your power of attorney for health care, you may revoke this document at any time by destroying it, by directing another person to destroy it in your presence, by signing a written and dated statement or by stating that it is revoked in the presence of two witnesses. If you revoke, you should notify your agent, your health care providers and any other person to whom you have given a copy. If your agent is your spouse and your marriage is annulled or you are divorced after signing this document, the document is invalid. You may also use New Jersey Durable Power of Attorney for Health Care to authorize your attorney in fact to make an anatomical gift upon your death. Do not sign this document unless you clearly understand it. It is suggested that you keep the original of this document on file with your physician and family members. This durable power of attorney for health care shall take effect in the event you become unable to make your own health care decisions, as determined by the physician who has primary responsibility for your care, and any necessary confirming determinations. |
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