Living Will and Power of Attorney
What Are Advance Directives?
The broad legal term for a document that allows you to specify the types of end-of-life care you want is “advance directive.” Every state has its own laws regulating the scope and breadth of advance directives. While some states require them to be written documents, other states recognize oral advance directives. New Jersey recognizes the Five Wishes document that allows you to address the personal and spiritual aspects of end-of-life care as well as the medical and legal aspects.
In rare instances, courts may be called upon to decide the validity of an advance directive. This can happen if a third party challenges your mental capacity for making decisions at the time the advance directive was first created or if you didn’t meet New Jersey’s specific requirements for creating the directive.
What Is a Living Will?
A living will consists of directives for medical personnel to follow. It’s intended to serve as a reference should the person who drafted the document become so incapacitated that he or she is unable to communicate with health care providers. Living wills typically contain information that pertains to the use of life support, cardiopulmonary resuscitation and interventions such as tube feeding. New Jersey physicians who are unwilling to carry out the terms of a living will are legally required to transfer the patient to the care of another physician.
In New Jersey, a living will is typically a written document that’s signed in the presence of two witnesses. Alternatively, a New Jersey living will may be signed in the presence of a notary public or an attorney. You must be 18 years of age and of sound mind in order to draft a living will. An experienced Middlesex County estate planning attorney will be able to answer any questions you may have about living wills and advise you on drafting your own.
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