Living
Will:
Click Here to obtain a Living Will kit.
What is an
Advance Directive (Living Will)
An Advance Health Care Directive, commonly known as a living will,
permits you to write down your intentions regarding medical procedures,
should there come a time when you can no longer express yourself.
The purpose of an Advance Directive is to allow an individual to
name the medical treatment they do not want to receive.
In New Jersey an Advance Directive (Living Will) may include both
an Instruction Directive and a Proxy Directive. An Instruction Directive
is a writing which provides instructions and direction regarding
the person's wishes for health care in the event that person subsequently
lacks decision making capacity. A proxy Directive is a writing which
designates a health care representative in the event the maker subsequently
lacks decision making capacity.
Is an Advance Directive legal?
Yes. New Jersey Statute 26:2H-54 (1992) specifically authorizes
an individual to execute an Advance Directive, and to appoint another
as proxy for health care decisions. Advance Directives are recognized
in all 50 states, information regarding the law in a particular
state can be accessed through that state or through the Federal
Patient Self- Determination Act, 42 USC 1395 c(a)-1 et. Seq.
Can anyone prepare an Advance Directive?
Any competent adult (18 years or older) may execute an Advance Directive.
How is an Advance Directive prepared?
It is important for the Advance Directive to be prepared properly.
If it is not, it may be given no effect, thereby thwarting your
intentions. The New Jersey Statute sets out specific requirements
for executing an Advance Directive. The advance Directive shall
be signed and dated by, or at the direction of, the maker in the
presence of two subscribing adult witnesses, a notary public, an
attorney at law, or others authorized to administer oaths. They
shall attest that the person is of sound mind and free of duress
and undue influence. A designated health care representative shall
not act as a witness to the execution of an Advance Directive.
Where should I keep my Advance Directive?
The Advance Directive does you no good unless it is available. Since
it obviously comes into play when you have lost the ability to express
yourself, it is important for individuals other than yourself to
know where it is. Most hospitals will ask you if you have executed
an Advance Directive prior to admission. Certainly the individual
whom you have appointed as your proxy should have access to your
Advance Directive.
Whom should I appoint as my Health Care Representative?
You should choose someone who is aware of your desires and whose
judgment you trust. You should discuss your advance directive with
that person and make sure he or she has a copy. It is also important
to ascertain that the individual you select is willing to assume
this responsibility.
Can I revoke my Advance Directive?
Yes, An Advance Directive may be revoked by notification, to the
health care representative, physician, nurse or other health care
professionals; or other reliable witnesses. Such notification can
be written, oral, or by any other act evidencing an intent to revoke
the document. Also, subsequent proxy directives or instructive directives
may be executed to revoke ones previously made.
The Surrogates office can supply additional information or an Advance
Health Care Directive Kit for your use please call (856) 225-7282
to request for a kit.
Living
Will Kit
Camden County Surrogate Patricia Egan Jones will
assist adult county residents obtain an Advance Directive for Health
Care (Living Will). Please fill out the form below to request a
free Living Will kit or call 856-225-7282
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