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New Jersey Advance Healthcare Directive

New Jersey Advance Healthcare Directive

By 

Jennifer Mcgee

·

Updated on  

November 22, 2022
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9 Mins

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When a person chooses to make a Living Will, along with the Medical Power of Attorney, these two legal documents become an Advance Directive. 

An Advance Directive may include your sign, names of witnesses, their signatures, etc. in adherence to your state’s requirements. Every state has different requirements to be followed. Some states ask for witnesses and notaries, others look for different criteria to be followed. 

Likewise, some states consider Living Will and Advance Directive as different and separate documents, whereas others consider both documents the same. In some states, Living Will and Advance Directive are used interchangeably. 

In this article, you will get a complete guide for making an Advance Directive for Healthcare in New Jersey.  

Legal Requirements for a valid Advance Directive

  • Written by the grantor/declarant (i.e. the maker of an Advance Directive): Yes
  • Grantor must be:
  • Above the age of 18 years: Yes
  • Sound mind and memory: Yes
  • Signed by the grantor: Yes
  • Signed by Proxy/Agent: No
  • Proxy/agent accepts his role in writing: No
  • Witness required: Yes
  • Number of witnesses: 2
  • Signed by the witnesses: Yes
  • Number of documents required: 1 
  • Other names for a Living Will: Instructions Directive
  • Other names for a Healthcare Power of attorney: Proxy Directive
  • Proxy can decide on mental health issues: No

Who can be your witnesses in the New Jersey Advance Directive?

Anyone can be your witness in New Jersey if

  • He is an adult i.e., above 18 years of age, and
  • He is a sound-minded person which means that he can understand the consequences of making an Advance Directive and the laws applied to it.

Note: Your witnesses cannot be your healthcare proxy/agent.

New Jersey Advance Directive

Who can be your Proxy in the New Jersey Advance Directive?

Anyone can be your Proxy/Agent in New Jersey if;

  • He is an adult i.e., above 18 years of age, and
  • He is a sound-minded person which means that he can understand the consequences of being a witness to an Advance Directive and the laws applied to it.

Who cannot be your Proxy/Agent:

  • your supervising health care provider, 
  •  if you are receiving care at a community care facility/residential care facility then its operator, its administrator, or its employee.
  •  if you are receiving care  at a health care institution then its employee.

Unless*: that person is related to you by blood, marriage, or adoption.

Other than the above legal requirements, the Proxy/Agent should be:

  • Trustable to adhere to your wishes and intentions.
  • Trustable to defend you if there’s any disagreement about your medical care.
  • He wanted to be your Attorney in Fact of his own free will to take care of your health affairs.
  •  He should not be your doctor or one of the caretakers.

Note: You can appoint an Alternate Proxy as well. The alternative Proxy/Agent will step in if the first person you name as a proxy is unable, unwilling, or unavailable to act for you or if you decide to revoke his authority.

Notarization required for New Jersey Advance Directive?

You can either get an Advance Directive executed by signing the form in presence of the witnesses or get your signature notarized by signing an acknowledgment in front of the public notary.

Learn about the requirements of New Jersey Last Will and Testament and New Jersey Last Will and Testament Template.

When does an Advance Directive come into effect in New Jersey?

 An Advance directive comes into effect only when the doctor declares that you are incapable of deciding on your behalf and have become debilitated due to illness or injury.

In New Jersey, an Advance Directive becomes legally valid but doesn’t come into effect on signing the form by the grantor, proxy, and witnesses.

Note: Your New Jersey Advance Directive will not be effective in any medical crisis or emergency unless you are declared incapacitated to understand and communicate your wishes and consent by your doctor.

How can an Advance Directive be revoked?

You can revoke or terminate your New Jersey Advance Directive at anytime by:

  • A written revocation,
  • An oral revocation in presence of your agent/physician/any reliable witness,
  • Tearing, burning, and obliterating or destroying the document in any other way,
  • Executing a new Advance Directive.

How to amend or change an Advance Directive? 

You can make changes or amend your Advance Directive at any time in New Jersey but once it was witnessed and signed you have to remake a new document with the required changes. It is recommended to go through, double-check, and make sure of everything before signing the Advance Directive.

New Jersey rules for changing Marital status after making your Advance Directive 

Divorce from the spouse will not make any effect on the validity of the New Jersey Advance Directive unless the spouse was named as an agent in Part 1 (Appointment of an agent) of the Advance Directive form, the divorce or annulment of marriage or legal separation will revoke the Advance Directive with immediate effect.

If you would prefer that no effect should be there on the Advance Directive after marriage or on divorce, you may add it as a “Further Instruction” in your Advance Directive for healthcare. 

Likewise, when your domestic partner was designated in Part 1 of the form as your Proxy/agent, his or her authority is automatically revoked upon termination of your domestic partnership, unless otherwise specified in the “Further Instructions” in your Advance Directive.

New Jersey rules for pregnancy after making your Advance Directive

A pregnant patient’s New Jersey Declaration will not be honored if it is possible that the fetus could develop to the point of live birth with continued application of life-sustaining treatment.

Parts of the New Jersey Advance Directive Form

Part 1: Appointment of Healthcare Agent

In Part 1, you can fill this form out and provide all the details about the appointment of the Healthcare Proxy/Agent along with the instructions to be followed by him.

On the left side of the form, you will find a gray box that contains all the instructions to help you in the application process. 

New Jersey Advance Directive Sample Form

PART 1: SELECTION OF HEALTH-CARE AGENT


I, , hereby appoint: 

(your name) 

(name of health care representative) 

(address of health care representative) 

(home phone number) (work phone number) 

to be my health care representative to make any and all health care decisions for me, including decisions to accept or to refuse any treatment, service or procedure used to diagnose or treat my physical or mental condition, and decisions to provide, withhold or withdraw life-sustaining treatment.


If the person I have designated above is unable, unwilling or unavailable to act as my health care representative, I hereby designate the following person(s) to act as my health care representative, in the following order of priority: 

Name ________

Address __________________


I direct that my health care representative comply with the following instructions in the event that I am pregnant when this Directive becomes effective (optional):

____________________________________________________

____________________________________________________

Part 2: Living Will

This section states your wishes regarding medical care when your doctor determines that either: 

  • that you are terminally ill and to prolong artificially your life you would need artificial life-sustaining procedures or your death will occur with or without the use of life-sustaining procedures, or 
  • that you are in a persistent vegetative state.

Idaho Advance Directive Sample Form

PART 2: INSTRUCTION DIRECTIVE


Initial ONE of the following two statements with which you agree: 


1. I direct that all medically appropriate measures be provided to sustain my life regardless of my physical or mental condition. 


2. There are circumstances in which I would not want my life to be prolonged by further medical treatment. In these circumstances, life-sustaining measures should not be initiated and if they have been, they should be discontinued. I recognize that is likely to hasten my death. In the following, I specify the circumstances in which I would choose to forego life-sustaining measures…..


Specific Instructions: Artificially Provided Fluids and Nutrition; Cardiopulmonary Resuscitation (CPR)

1. In the circumstances I initiated on page 4, I also direct that artificially provided fluids and nutrition, such as feeding tube or intravenous infusion, be withheld or withdrawn and that I be allowed to die, or be provided to the extent medically appropriate. 


2. In the circumstances I initiated on page 4, if I should suffer a cardiac arrest, I also direct that cardiopulmonary resuscitation (CPR) not be provided and that I be allowed to die, or be provided to preserve my life, unless medically inappropriate or futile. 


3. If neither of the above statements adequately expresses your wishes concerning artificially provided fluids and nutrition or CPR, please explain your wishes below:

_______________________________________________________

_______________________________________________________

Part 2, Page 6: Donation of organs

New Jersey After Death Sample Form

(OPTIONAL)

PART 1: DONATION OF ORGANS AT DEATH 


Upon my death: (mark applicable box) 

[   ] (a) I do not give any needed organs, tissues, or parts, OR 

[   ] (b) I give the following organs, tissues, or parts only 

My gift is for the following purposes: (strike any of the following you do not want) 

(i) Transplant 

(ii) Therapy 

(iii) Research

(iv) Education

Part 3: Execution

You must sign in the presence of two witnesses. The details of the witnesses along with their signs are also required. 

New Jersey Advance Directive Sample Form

PART 3 : EXECUTION


Alternative No. 1.


Signed this day of 20_ 


Signature 

Address City _____________________________ State 


I declare that the person who signed this document or asked another to sign this document on his or her behalf, did so in my presence and he or she appears to be of sound mind and free of duress or undue influence. I am 18 years of age or older, and am not designated by this or any other document as the person’s health care representative or alternate health care representative. 


(Signature of Witness 1) (Date) Telephone Number(s)


(Signature of Witness 2) (Date) Telephone Number(s)


Alternative No. 2 


By writing this advance directive, I inform those who may become responsible for my health care of my wishes and intend to ease the burdens of decision making which this responsibility may impose. 


I have discussed the terms of this designation with my health care representative(s) and my representative(s) has/have willingly agreed to accept the responsibility for acting on my behalf in accordance with this directive and my wishes. 

I understand the purpose and effect of this document and sign it knowingly, voluntarily and after careful deliberation. 


Signed this day of 20_ . 

Signature 

Address City ______________________________ 


State Notary, Attorney at Law, or other person authorized to administer oaths on______ , before me came (date) , (name of declarant) whom I know to be such person, and the declarant did then and there execute this declaration. Sworn before me this _______ day of , 20 .

Give photocopies of the signed original to your agent and alternate agent, doctor(s), family, close friends, clergy, and anyone else who might become involved in your health care. If you enter a nursing home or hospital, have photocopies of your document placed in your medical records. 

Be sure to talk to your agent(s), doctor(s), clergy, family, and friends about your wishes concerning medical treatment. Discuss your wishes with them often, particularly if your medical condition changes.

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Frequently Asked Questions

What is an Advance Healthcare Directive New Jersey?

An Advance Directive is a legal-written document about your future medical care. It is a gift to family members and friends so that they won't have to guess what you want if you no longer can speak for yourself.

Does an attorney have to draft an advance directive in New Jersey?

The procedure of creating advance directives is simple, you do not require an attorney though you may choose to consult one. However, an advance directive either it is written or oral needs to be witnessed by two individuals.

Who makes medical decisions if you are incapacitated in New Jersey?

Under New Jersey law, incapacity means when a physician declares that the individual can longer give informed consent. Any person may designate someone to make health care decisions on their behalf should they become incapacitated in New Jersey.

What are the 2 major challenges with advance directives?

Advance directives have limitations. For example, an older adult may not fully understand treatment options or recognize the consequences of certain choices in the future. Sometimes, people change their minds after expressing advance directives and forget to inform others.

How do I get a medical power of attorney in New Jersey?

It is the same as creating a document of Advance Directive. Firstly, choose Your Surrogate/Acting Agent, be specific on what decisions your Power of Attorney can make for you, and fill out your New Jersey Medical Power of Attorney Form. Lastly, sign your document before subscribing to witnesses and a Notary Public.
Jennifer Mcgee
Parent to five young children. Expert in Estate Planning, Probate, and Family Law Matters. Volunteer with Victim’s Advocates in the local sheriff's department...
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Got Questions?

Hi, I’m Jennifer McGee.

Co-founder & Head of Legal at TrulyWill

Feel free to book a call with me to help you with your estate plan.

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