How do I create an advance healthcare directive in New Jersey?
1. Types Recognized
New Jersey recognizes under the Advance Directives for Health Care Act, N.J.S.A. 26:2H-53 through 26:2H-78: (a) Instruction Directive (the living will section), (b) Proxy Directive (healthcare power of attorney), (c) Combined Directive, (d) POLST (Physician Orders for Life-Sustaining Treatment, N.J.S.A. 26:2H-129), and (e) DNR.
2. Statutory Form
No mandatory form, but the New Jersey Commission on Bioethics and Department of Health publish model directives. Substantial compliance with N.J.S.A. 26:2H-56 is sufficient.
3. Execution Formalities
Principal must be 18+ and competent. Sign before EITHER (a) TWO adult subscribing witnesses OR (b) a notary public/attorney/other person authorized to administer oaths (N.J.S.A. 26:2H-56). The designated healthcare representative CANNOT serve as a witness.
4. Healthcare Agent (Representative) Authority
Under N.J.S.A. 26:2H-58, the representative makes any healthcare decision the principal could make, including consent to/refusal of life-sustaining treatment and artificial nutrition/hydration. The directive becomes effective when the attending physician and one other physician determine the principal lacks capacity.
5. Pregnancy Clauses
New Jersey does NOT have a statutory pregnancy exclusion. The directive is honored regardless of pregnancy status.
6. Reciprocity
N.J.S.A. 26:2H-77 honors advance directives validly executed in another state.
7. POLST
New Jersey POLST (N.J.S.A. 26:2H-129 et seq.) is a physician-signed bright-pink order portable across care settings, for patients with serious illness or advanced frailty.
8. Revocation
Under N.J.S.A. 26:2H-57, the directive is revocable at any time and in any manner, including oral declaration, written revocation, destruction, or execution of a new contrary directive. Divorce automatically revokes spouse-representative.
9. Default Surrogate
New Jersey has NO comprehensive statutory surrogate hierarchy, but In re Quinlan (1976) and case law recognize family consensus decision-making. Hospitals follow internal ethics-committee protocols; for life-sustaining treatment without a directive, courts may need to appoint a guardian.
This is legal information, not legal advice.
- No statutory surrogate hierarchy — designation essential to avoid disputes
- Coordinating directive with NJ estate planning and trust documents
- Hospital refusing to honor directive — appeal process
- N.J.S.A. 26:2H-53 et seq. (Advance Directives for Health Care Act)
- N.J.S.A. 26:2H-129 (POLST)
- In re Quinlan, 70 N.J. 10 (1976)
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.