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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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