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Homepage Valid Living Will Form Attorney-Approved Living Will Template for the State of New Jersey

Form Specifications

Fact Name Description
Definition A Living Will in New Jersey is a legal document that outlines your wishes regarding medical treatment in case you become unable to communicate your preferences.
Governing Law The New Jersey Living Will is governed by the New Jersey Advance Directives for Health Care Act, specifically N.J.S.A. 26:2H-53 to 26:2H-90.
Eligibility Any adult who is at least 18 years old and of sound mind can create a Living Will in New Jersey.
Signature Requirements The document must be signed by the individual creating the Living Will and witnessed by two adults who are not related to the individual or beneficiaries of the estate.
Revocation You can revoke your Living Will at any time, provided you communicate your decision clearly to your healthcare provider.
Healthcare Proxy A Living Will can be combined with a healthcare proxy, allowing you to designate someone to make medical decisions on your behalf.
Types of Treatments The Living Will can specify your preferences regarding life-sustaining treatments, such as resuscitation, mechanical ventilation, and tube feeding.
Storage It's important to keep your Living Will in a safe place and to provide copies to your healthcare provider and loved ones.
Legal Status New Jersey recognizes Living Wills as legally binding documents, ensuring your healthcare wishes are honored.
Updating the Document As your health or personal circumstances change, you may wish to update your Living Will to reflect your current wishes.

Dos and Don'ts

When filling out the New Jersey Living Will form, it is important to follow certain guidelines to ensure your wishes are clearly expressed. Here are some things to consider:

  • Do clearly state your medical preferences.
  • Do discuss your wishes with family and loved ones.
  • Do sign the form in front of witnesses as required.
  • Don't use vague language that could be misinterpreted.
  • Don't forget to update the document if your wishes change.
  • Don't overlook the importance of choosing a healthcare proxy.

By following these guidelines, you can help ensure that your Living Will accurately reflects your desires regarding medical treatment. Taking the time to complete the form thoughtfully can provide peace of mind for you and your loved ones.

Common mistakes

  1. Failing to specify treatment preferences clearly. Individuals often leave sections vague, which can lead to confusion for healthcare providers.

  2. Not discussing the Living Will with family members. Open communication can prevent misunderstandings and ensure that loved ones are aware of the individual's wishes.

  3. Neglecting to update the document. As personal circumstances and health conditions change, it is essential to review and revise the Living Will regularly.

  4. Forgetting to sign and date the form. A Living Will must be properly executed to be valid; otherwise, it may not be honored by healthcare professionals.

  5. Not having the required witnesses. New Jersey law mandates that the Living Will be signed in the presence of two witnesses, which many individuals overlook.

  6. Using outdated forms. Legal requirements can change, and it is important to use the most current version of the Living Will form.

  7. Overlooking the importance of clarity in language. Ambiguous terms can lead to misinterpretation of the individual's wishes.

  8. Not considering the inclusion of a healthcare proxy. While a Living Will outlines treatment preferences, appointing someone to make decisions can provide additional clarity.

  9. Assuming that a Living Will is sufficient for all healthcare decisions. It is crucial to understand that this document primarily addresses end-of-life care and may not cover all medical situations.

Documents used along the form

A New Jersey Living Will is an essential document that outlines an individual's wishes regarding medical treatment in the event they become unable to communicate those wishes. However, several other forms and documents complement the Living Will, ensuring that a person’s healthcare preferences are clearly understood and honored. Here are five important documents often used alongside the New Jersey Living Will:

  • Durable Power of Attorney for Healthcare: This document allows an individual to designate someone they trust to make medical decisions on their behalf if they are unable to do so. This agent can advocate for the individual's healthcare preferences as outlined in the Living Will.
  • Advance Directive: An advance directive encompasses both the Living Will and the Durable Power of Attorney for Healthcare. It provides comprehensive guidance on medical care preferences and appoints a decision-maker, ensuring that all aspects of healthcare wishes are addressed.
  • Do Not Resuscitate (DNR) Order: A DNR order specifically instructs medical personnel not to perform CPR if a person's heart stops or they stop breathing. This document can be critical in emergency situations, providing clear guidance in line with the individual's wishes.
  • Physician Orders for Life-Sustaining Treatment (POLST): The POLST form translates a patient’s treatment preferences into actionable medical orders. It is typically used for individuals with serious illnesses and ensures that healthcare providers honor the patient’s wishes in emergencies.
  • Employee Handbook Form: For those in Illinois, it is crucial to understand the policies and procedures laid out in the Employee Handbook. For more information, visit formsillinois.com/.
  • Organ Donation Consent: This document expresses an individual's wishes regarding organ donation after death. It can be included with the Living Will or created separately, providing clarity on the individual’s intentions regarding their organs and tissues.

Each of these documents plays a vital role in ensuring that an individual's healthcare preferences are respected and followed. By preparing these forms, individuals can provide peace of mind for themselves and their loved ones, knowing that their wishes will be honored in times of medical uncertainty.

Misconceptions

Many people have misunderstandings about the New Jersey Living Will form. Here are six common misconceptions that need clarification:

  • A Living Will is the same as a Last Will and Testament. This is not true. A Living Will specifically addresses medical treatment preferences in case you become unable to communicate, while a Last Will and Testament deals with the distribution of your assets after death.
  • Only older adults need a Living Will. This misconception can be dangerous. Anyone over the age of 18 should consider having a Living Will, as accidents and sudden illnesses can happen at any age.
  • A Living Will can only be changed or revoked in specific circumstances. In reality, you can change or revoke your Living Will at any time, as long as you are mentally competent to do so.
  • Healthcare providers are not required to follow a Living Will. This is incorrect. Healthcare providers must adhere to the instructions outlined in your Living Will, as long as they are clear and comply with state laws.
  • Having a Living Will means you cannot receive life-saving treatment. This is a misunderstanding. A Living Will allows you to specify your wishes regarding medical interventions, but it does not prevent you from receiving necessary treatments unless you explicitly state otherwise.
  • Once completed, a Living Will is set in stone. This is false. You can update or modify your Living Will as your preferences or health conditions change. Regular reviews are recommended to ensure it reflects your current wishes.

Preview - New Jersey Living Will Form

New Jersey Living Will

This Living Will is executed pursuant to the New Jersey Adult Medical Day Care and Health Care Proxy Act. It reflects my wishes regarding medical treatment in the event that I am unable to communicate my preferences.

Personal Information:

  • Name: ______________________________
  • Date of Birth: ______________________
  • Address: ____________________________
  • City, State, Zip: ____________________
  • Phone Number: ______________________

Directive: In the event that I am diagnosed with a terminal condition or am in a persistent vegetative state, I request the following:

  1. I do not wish to receive life-sustaining treatment if it only prolongs the dying process.
  2. I would like to receive humanitarian care to ensure comfort and dignity.
  3. If I am unable to swallow, I do not want artificial nutrition or hydration.

Optional Designation of Health Care Proxy:

I appoint the following individual as my health care proxy to make decisions regarding my medical care if I am unable to do so:

  • Name: ______________________________
  • Relationship: ______________________
  • Phone Number: ______________________

Signature:

I hereby declare that I am of sound mind and that I execute this Living Will voluntarily:

  • Signature: __________________________
  • Date: ______________________________

Witness:

My signature must be witnessed by two individuals who are not related to me and do not stand to inherit from me:

  • Witness Name: ______________________
  • Witness Signature: _________________
  • Date: ______________________________
  • Witness Name: ______________________
  • Witness Signature: _________________
  • Date: ______________________________

This Living Will is designed to guide my health care decisions in accordance with my personal values and preferences.

Key takeaways

Filling out a New Jersey Living Will form is an important step in planning for future healthcare decisions. Here are some key takeaways to consider:

  • A Living Will allows individuals to express their wishes regarding medical treatment in the event they become unable to communicate.
  • It is crucial to be clear and specific about the types of medical interventions you do or do not want.
  • New Jersey law recognizes Living Wills, making them legally binding if properly executed.
  • Individuals must be at least 18 years old and of sound mind to create a Living Will.
  • While a Living Will outlines your preferences, it does not replace the need for appointing a healthcare proxy.
  • It is advisable to discuss your Living Will with family members and healthcare providers to ensure everyone understands your wishes.
  • Regularly reviewing and updating your Living Will is important, especially after significant life changes.
  • In New Jersey, a Living Will can be revoked at any time as long as you are mentally competent.
  • Consider consulting with a legal professional to ensure your Living Will meets all legal requirements.
  • Keep copies of your Living Will in accessible locations, and provide copies to your healthcare proxy and medical providers.

Creating a Living Will is a proactive way to ensure your healthcare preferences are respected, providing peace of mind for you and your loved ones.

Similar forms

A Living Will is a legal document that outlines a person's preferences regarding medical treatment in situations where they are unable to communicate their wishes. It is similar to several other documents that address healthcare decisions and end-of-life care. Here are eight documents that share similarities with a Living Will:

  • Advance Directive: This is a broader term that encompasses both Living Wills and Durable Powers of Attorney for Health Care. It allows individuals to outline their healthcare preferences and appoint someone to make decisions on their behalf.
  • Durable Power of Attorney for Health Care: This document specifically designates an individual to make medical decisions for someone when they are incapacitated, complementing the directives outlined in a Living Will.
  • Do Not Resuscitate (DNR) Order: A DNR order instructs healthcare providers not to perform CPR if a person's heart stops or they stop breathing, aligning with the wishes often expressed in a Living Will.
  • Physician Orders for Life-Sustaining Treatment (POLST): This form translates a patient's wishes regarding life-sustaining treatment into actionable medical orders, similar to the treatment preferences stated in a Living Will.
  • Health Care Proxy: This document allows individuals to appoint someone to make healthcare decisions for them, which can include adhering to the preferences laid out in a Living Will.
  • Five Wishes: This document combines a Living Will with a durable power of attorney and addresses personal, emotional, and spiritual wishes, offering a more comprehensive view of an individual's healthcare preferences.
  • California Judicial Council form: This standardized document is utilized in California courts to ensure clarity and organization in legal processes, allowing individuals to incorporate necessary details for court filings. You can find more information about it here: https://californiadocsonline.com/california-judicial-council-form/.
  • Do Not Intubate (DNI) Order: A DNI order specifies that a patient does not want to be placed on a ventilator, reflecting the intent often found in a Living Will regarding invasive procedures.
  • Advance Care Planning Documents: These are general documents that guide individuals in discussing and documenting their healthcare wishes, similar to the intent of a Living Will.