FAQs for Living Will / Health Care Directive

A living will, also known as an advance directive, is a legal document in which you state your wishes about end-of-life medical care, in case you become unable to communicate your decisions due to illness or incapacity. In New Jersey, living wills are recognized and governed under the New Jersey Advance Directive for Health Care Act.

A living will is important not just in New Jersey, but anywhere, for a number of reasons. It allows you to maintain control over your medical decisions even if you become incapable of communicating or making decisions on your own. It eases the burden on your loved ones who would otherwise have to make difficult decisions about your end-of-life care without knowing your preferences. It can help to prevent disagreements among family members about what type of care and treatment you would want. Doctors and hospitals are legally required to follow your living will, so it ensures that your wishes are honored. It can provide peace of mind for you and your loved ones, knowing that your wishes have been clearly communicated and will be followed.

A living will can encompass a broad range of medical decisions, largely depending on your personal views about end-of-life care. Some of the key medical decisions include life-sustaining treatments, do not resuscitate (DNR) orders, pain management and comfort care, organ and tissue donation, and choice of health care proxy.

To create a living will here are some general steps: first , identify your health care representative, this is the person you trust to make medical decisions on your behalf if you are unable to do so. Next, decide on your health care preferences & document your wishes in writing clearly identifying you and your designated representative. It should also clearly state your healthcare preferences.

Then, the living will must be signed by you (or by a person you authorize to sign for you in your presence) and it must be witnessed by two adults or notarized. The witnesses must be adults who are not your designated representative or alternate representative, and who will not inherit from you. Give a copy to your health care representative, alternate representative, and your doctor. You may also want to give copies to close family members and to any health care facility where you receive treatment.

Technically, you do not need an attorney to create a living will or an advance directive for healthcare in New Jersey. You can prepare one yourself, and there are forms available online that you can use as a template. As long as it meets the legal requirements, including being witnessed or notarized, it will be legally valid. However, consulting with an attorney can be beneficial. Estate planning, which includes documents like living wills, can be complex. An attorney can provide personalized advice based on your specific circumstances, ensure that all the necessary legal requirements are met, and help you think through different scenarios you might not have considered.

Yes, you can change or revoke your living will at any time, as long as you are mentally competent at the time of the change or revocation. It is important to regularly review your living will and other estate planning documents, especially after significant life events, to ensure they still reflect your wishes and needs.

In New Jersey, your living will, also known as an Advance Directive for Health Care, does not necessarily have to be notarized. However, it does need to be witnessed by two adults or notarized. The witnesses must be adults who will not benefit from your estate. They should not be the person you’ve designated as your health care representative or an alternate representative.

If you choose to get the document notarized, the notary public can serve as a neutral third party to confirm your identity, understanding of the document, and voluntary signing of the document.

Once you’ve created your living will, it’s important to make sure the right people have a copy so that your wishes can be followed. Here are some people who should receive a copy: your Healthcare Representative, your doctor, your hospital or healthcare facility, your lawyer, and close family members.

If you don’t have a living will (also known as an advance healthcare directive), and you become unable to make or communicate decisions about your medical treatment, a few things may happen such as, decision-making defaults to next of kin, potential for disagreements to arise between family members possibly resulting in court battles, your wishes might not be followed, and if there are significant disagreements or confusion over who should make decisions, someone may need to go to court to be appointed as your legal guardian or conservator.

In general, healthcare providers are legally obligated to follow the instructions set out in your living will, as it is a legally binding document. However, there are some circumstances in which a healthcare provider might refuse to comply with your living will these reasons can be because of religious beliefs, unclear or ambiguous wording, conflicts with medical standards, or changes in medical condition.

Yes, you can absolutely include your religious or spiritual beliefs in your living will in New Jersey. In fact, it’s highly encouraged to do so if those beliefs might impact the medical care you would want to receive.

A healthcare proxy, also known as a health care power of attorney or a health care representative, is a person you designate to make medical decisions on your behalf if you become unable to make or communicate these decisions yourself. This could happen due to illness, injury, or incapacity.

Yes, you can appoint a healthcare proxy in your living will. In fact, it is common practice to do so. A living will, also known as an advance healthcare directive, can consist of two main parts: the “living will” part where you express your healthcare preferences (such as whether you want life-prolonging treatments), and the “healthcare power of attorney” part where you designate a healthcare proxy to make medical decisions on your behalf if you cannot.