Health Care Directives (Living Wills)
Do You Need an Advance Health Care Directive or Living Will in New Jersey?
"I am 86 years old, a widow and live in Manalapan, New Jersey. I cannot say enough about the caring, kind and compassionate staff at Hanlon Niemann. Mrs. Urciuoli always takes my calls and knows me by my first name. She is patient and concerned about me and my welfare. She has even called to wish me happy holidays and check on my health. Hanlon Niemann is a special law firm."
—Ruth Leibowitz, Manalapan, NJ
People of all ages and medical circumstances are concerned about their right to make their own health care decisions. This is particularly true when questions of whether to use or maintain life-sustaining procedures arise. Because the human body can be maintained, even when consciousness is irretrievably lost, these decisions do and will continue to arise.
New Jersey affirms the right of each individual to give instructions about his or her health care under the New Jersey Health Care Decisions Law. The following documents are used to indicate an individual’s desires with regard to health care:
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Living Will
Many people are familiar with the term “living will” and have used one to express health care desires, typically the wish to avoid being medically sustained with “extraordinary” or “heroic” measures.
Visit our New Jersey Living Will website!
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Declaration and Directive to Physician
This document and other expressions of wishes regarding health care such as living wills are valid as “individual health care instructions,” however, they are limited and potentially can be confusing.
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Durable Power of Attorney for Health Care
A highly versatile and essential document, the durable power of attorney for health care is the predecessor to the Health Care Directive.
NEW JERSEY LAW INTEGRATES PREVIOUS LEGISLATION AND DOCUMENTS INTO A COMPREHENSIVE STATUTE ALLOWING FOR ADVANCE HEALTH CARE DIRECTIVES.
A. Appointing an Agent:
You may appoint someone else – your spouse, son or daughter, friend (called the “agent”) – to make health care decisions for you if and when you cannot do so for yourself. It allows the important informed consent process to be carried out with your designated agent making decisions as you would most likely want them made. The person you name in your document should know whether or not you want such treatment and either grant or refuse permission on your behalf. A physician who respects the decision of this person, your agent, cannot be held liable for doing so.
B. Health Care Instructions:
In addition to appointment an agent, you may also give health care instructions. You may explain how you want to be treated, for example, if you are permanently incapacitated and/or imminently facing death and unable to make your own decisions about suggested life-sustaining treatment.
C. Discussion with your Physician:
Most important, your physician must know of your wishes about the use of life-prolonging treatments and procedures in the event that you are terminally ill or irrevocably unconscious. If your physician cannot assure you that they will respect your decisions or those of your health care agent, then you should consider a change to another physician who will agree to your wishes.
D. “Form” Documents:
There is a statutory form for the Advance Health Care Directive. However, for crucial decisions likely to be needed when one is permanently incapacitated, you may find that it (and other forms) fails to provide the specificity that could be necessary. The power to make life or death decisions is an important one and should be given only after obtaining good advice, with full understanding and with explicit instructions that reflect the signer’s wishes and accommodate any special needs. In most cases, it is recommended that you work with an attorney who is knowledgeable about the important medical legal issues involved in preparing your Advance Health Care Directive.
Summary:
A properly drafted Advance Health Care Directive satisfies the need for “surrogate” decision-making should incapacity strike. Thus, it can also avoid the possible need for a court-ordered guardianship or conservatorship of the person. Such a proceeding can cost in excess of $3,500. Instead, each individual is able to choose the person who will act on his or her behalf. An Advance Health Care Directive, if properly drafted, can be one of the least expensive forms of insurance one can buy. Even more important than documents that specify how we want our property disposed of upon death, the Advance Health Care Directive can ensure for each of us personal dignity and bodily integrity by detailing how decisions are to be made about our health care while we are still alive. Anyone who is age eighteen or over should consider signing such a document.
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To speak with an attorney, please call Fredrick P. Niemann at 888-800-7442 or email him at info@njelderlawcenter.com to set up a consultation at your convenience.