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How to use or fill out Health Care Directive including Living Will - New Jersey
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Begin with Part 1, where you will designate your Health Care Representative. Fill in the name and contact details of the individual you trust to make health care decisions on your behalf.
If desired, appoint alternate representatives by providing their names and contact information. This ensures that someone is always available to act on your behalf.
In Part 2, specify your wishes regarding end-of-life decisions. You can choose whether to prolong life under certain conditions and provide additional instructions for pain relief.
Part 3 allows you to express your intentions regarding anatomical gifts. Indicate what organs or tissues you wish to donate upon death.
Designate a primary physician in Part 4 by filling in their details. This helps ensure that your health care preferences are known and respected.
Finally, sign and date the form in the presence of two witnesses or a Notary Public to validate your directive.
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Are they the same thing, and can the two terms be used interchangeably? It turns out that the answer is not quite. They both share the same end goal, which is to address your wishes regarding your future health care. However, a living will is a type of advance directive, a term used to describe a broader category.
What is a health care directive in New Jersey?
Advance Directives are legal documents where you write down how you want your health care handled if you can no longer make or communicate decisions. You may also use an Advance Directive to appoint a person other than yourself to make health care decisions for you.
What is required for a living will in New Jersey?
In New Jersey, according to the law, an Advanced Directive, or Living Will, in and of itself, is a simple document needing only to be in writing, signed and dated in the presence of two subscribing adult witnesses who must attest to the fact that the person is of sound mind and free from duress and undue influence.
What is the main drawback of a living will?
In New Jersey, as in many states, the cost can vary based on several factors, including the complexity of your medical wishes, the lawyers experience level, and the location of their practice. On average, you can expect to pay anywhere from $300 to $600 for a lawyer to create a Living Will.
Does a living will need to be docHubd in New Jersey?
Conclusion: The services of an Estate Planning Attorney are not necessarily required in New Jersey to execute a Living Will just as they are not required to execute a Real Estate Contract or a Last Will Testament provided the document is in the proper form, correctly drafted, signed and witnessed.
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Advance directives are legal documents that provide instructions for medical care and only go into effect if you cannot communicate your own wishes. The two most common advance directives for health care are the living will and the durable power of attorney for health care.
Related links
Department of Health | Advance Directive | Forms FAQs
Instructive Directive (Living Will) [pdf 28k]. Developed by the New Jersey Commission on Legal and Ethical Problems in the Delivery of Health Care. FrequentlyRead more
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