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The purpose of a New Jersey living will, also known as an advance directive or an advance directive for health care, is to make healthcare providers aware of your healthcare wishes related to medical care and medical conditions if you are no longer able to make your own medical decisions. It is governed by New Jersey law since it is a legal document. You can provide specific instructions in the event you suffer from a terminal condition, brain death, irreversible illness, or other condition that takes away your decision-making capacity. Some of the decisions you can make in a living will include making an anatomical gift, cardiopulmonary resuscitation, medical treatments, surgical procedures, and your own health care decisions as you see fit. A New Jersey living will is also used to name a healthcare representative and an alternate health care representative. This person will make medical decisions on your behalf if you cannot do it. You must be considered a competent adult when you create a living will in the State of New Jersey. When you sign your New Jersey living will, you must either have two reliable witnesses or it must be notarized.
However, an advance directive is not the same as a power of attorney, medical power of attorney, or durable power of attorney for health care. If you are interested in using a power of attorney, you should seek legal advice.
§ 26:2H-5: After a living will is created, the declarant may suspend the instruction directive form or proxy directive even if they do not have what is normally considered the required mental condition to enter into such an agreement. It may be suspended or revoked in any manner in which the patient is able to communicate.
In addition to a living will, it is important to create a New Jersey last will and testament to ensure that your wishes are honored.
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