Living Will Attorney in East Brunswick

Advance Directive Planning for Seniors, Veterans, & Families in New Jersey

A living will is one of the most important documents in any estate plan, but it rarely stands alone. At Alguram Law Group, we help East Brunswick and New Jersey residents create legally sound living wills and advance directives as part of a complete elder law plan that also addresses Medicaid planning, VA benefits, long-term care, and trusts. We’ve focused on elder law and estate planning for New Jersey families since 2019, and we offer free initial consultations, available in-person or virtually.

If you or a family member needs to put healthcare wishes in writing, call us at (732) 538-7904 to schedule your free consultation.

What Are Advance Directives Under New Jersey Law?

The New Jersey Advance Directives for Health Care Act (N.J. Stat. Ann. sections 26:2H-53 to -78) governs how these documents are created and honored in this state. New Jersey recognizes two types of advance directive. An instruction directive, commonly called a living will, provides written healthcare instructions for situations where you can no longer communicate. A proxy directive names a health care representative to make medical decisions on your behalf. A single document may contain both, giving you comprehensive coverage.

New Jersey also recognizes the Five Wishes document, which goes beyond the clinical and legal to address the personal and spiritual dimensions of end-of-life care. Your attending physician is required by statute to ask whether you have an advance directive and to note its existence in your medical records.

In rare circumstances, courts may be called to assess an advance directive’s validity. This typically happens when a third party challenges the maker’s mental capacity at the time of signing, or when New Jersey’s procedural requirements weren’t followed correctly.

What a Living Will Covers

A living will provides written direction to medical personnel about the care you want if you become incapacitated and can no longer speak for yourself. It typically addresses life support, cardiopulmonary resuscitation, and interventions such as tube feeding. Beyond relieving your family of impossible decisions under pressure, it gives your wishes legal effect: New Jersey physicians who decline to follow a living will’s terms are required by law to transfer your care to a physician who will.

New Jersey’s execution requirements are specific. The document must be signed and dated in the presence of two adult witnesses who attest that you are of sound mind and acting free of duress. Alternatively, it may be acknowledged before a notary public or an attorney. The person you name as your health care representative can’t serve as one of those witnesses. You must be at least 18 years of age and of sound mind to execute the directive. New Jersey statute also permits the directive to be supplemented by a video or audio recording. A living will attorney familiar with these requirements can help ensure your document is properly executed.