Advance Directives and Living Wills

Let’s begin by differentiating between the two terms: “Advance directives” is the umbrella for all instructions pertaining to healthcare decisions while you are otherwise incapacitated. “Living Will” falls under this umbrella but addresses specific situations in which the prognosis is terminal. That is, a “living will” is enacted during the “end of life.”

Instructive Directives

You may also have “instruction directives” which assert any life-sustaining treatments you would wish to have withheld or withdrawn under specific conditions. These conditions may include:

• A terminal condition
• Permanently unconsciousness
• The likely ineffectiveness of the life-sustaining treatment
• The severity of your condition may render the life-sustaining treatment more harmful than beneficial
• Life-sustaining treatment would only prolong an imminent death

Instruction directives should be accompanied by a personal statement pertaining to your religion, values, or other philosophical tenets. These will help guide your family and healthcare team.

Medical Power of Attorney

Medical Power of Attorney is another type of advance directive in which a person is designated as your healthcare proxy to make medical decisions on your behalf. You can only appoint one person, but you may designate an alternate in case they are unable to fulfill their duties. Before utilizing a Medical Power of Attorney, a physician must first certify your inability to make decisions for yourself. A Medical Power of Attorney does not extend to end-of-life decision-making, so a separate document, your “living will”, is also needed.

While most any adult may serve as your healthcare agent, there are restrictions on whom you can appoint. For example, you cannot appoint an administrator of the facility in which you are a patient, nor can you appoint your attending physician.

You may set parameters for the decision-making powers of your healthcare agent. For instance, they may not authorize treatment that contradicts your instruction directives. Your healthcare agent, or agents, should strongly advocate on your behalf. However, they must be willing and able to separate their beliefs from yours.

The Mechanics

In New Jersey, there are two ways to certify your advance directive:

1. You can either have the document notarized;
2. Or you may sign it in front of two adult witnesses who must also sign the document with the respective date.

The purpose of the witnesses is to attest to the voluntary signing of your advance directive. To eliminate any conflicts of interest, your designated healthcare proxy may not act as one of your witnesses.

Copies of your advance directive should be provided for your primary healthcare proxy, alternate healthcare agents, family members, and physicians. If you are planning to enter a hospital for inpatient treatment or are being admitted to a nursing home, you should also provide these facilities with a copy upon admission.

Peace of Mind for You and Your Family

It is important to note that laws regarding advance directives vary from state to state so if you travel often or have moved recently, a consultation with a qualified attorney may be in order. On that note, New Jersey recognizes advance directives from other states.

Most people dislike considering the necessity of these documents, and still, others think they’re unnecessary due to young age or overall good health. But your circumstances can change in an instant. And your family and friends will most likely be relieved to have a document tailored specifically for your beliefs and preferences to guide them at a time when they may be overwhelmed and grief-stricken.

Don’t wait any longer. Contact Gray Law Group today to schedule your consultation, allowing us to guide you compassionately through this important process.