Advance Health Care Directives and Living Wills
Contact Fredrick P. Niemann, Esq., an Experienced New Jersey Attorney in Dealing with Advance Health Care Directives and Living Wills.
"My aunt is 80 years old and a widow. She’s in good health and lives alone. My cousin and I are very close to her, but I live in North Carolina and my cousin in California. That makes it hard for us to help her as much as we would like to. She wanted to do some estate planning and asked us to help her find an elder law attorney. I did some homework and research and after many inquires, found Mr. Niemann. He came recommended to me by several sources. Mr. Niemann was the perfect match for my aunt. He demonstrated a kindness and sensitivity that made us feel welcomed and comfortable. He met with us right away and was caring and patient with my aunt and answered all of our questions. He even called my aunt to make sure she was following up on his advice. Mr. Niemann offered us ideas and solutions we hadn’t even thought of. We very much appreciated that. My aunt truly values having Mr. Niemann as her attorney. So do I."
—Robert Newell, Raleigh, NC» Read more testimonials
Making your own decisions when it comes to your health care is your right. This goes for people of all ages with all different types of medical circumstances, but becomes a major issue when pertaining to life-sustaining procedures. With today’s science and medicine, doctors are able to maintain the human body despite lost consciousness, leading to complicated issues relating to the person’s health.
In New Jersey, the Health Care Decisions Law guarantees each individual the right to give instructions as to their own health care. In dictating an individual’s desires with regard to their health care, different documents are used, including:
- Living Will – This document is used to express one’s wishes with regard to their body being sustained with “extraordinary” or “heroic” measures.
- Declaration and Directive to Physician – This document expresses one’s wishes in regards to health care and is issued to the doctor. These documents are valid in dictating health care instructions, but may be limited and often can be confusing.
- Durable Power of Attorney for Health Care – This highly versatile and essential document precedes the Healthcare Directive document.
NEW JERSEY LAW PERTAINING TO ADVANCE HEALTH CARE DIRECTIVES
New Jersey law integrates previous legislation and documents into a comprehensive statute allowing for Advance Health Care Directives.
- Appointing an Agent: You may appoint someone else – your spouse, child, friend, or another (“agent”) to make health care decisions for you if and when you cannot do so for yourself. This allows the important informed consent process to be carried out with your designated agent making decisions as you would most likely want them made. The person you name in your document should know whether or not you want such treatment and either grant or refuse permission on your behalf. A physician who respects the decision of this person, your agent, cannot be held liable for doing so.
- Health Care Instructions: In addition to appointment an agent, you may also give health care instructions. You may explain how you want to be treated, for example, if you are permanently incapacitated and/or imminently facing death and unable to make your own decisions about suggested life-sustaining treatment.
- Discussion with your Physician: Most important, your physician must know of your wishes about the use of life-prolonging treatments and procedures in the event that you are terminally ill or irrevocably unconscious. If your physician cannot assure you that they will respect your decisions or those of your health care agent, then you should consider a change to another physician who will agree to your wishes
- “Form” Documents: There is a statutory form for the Advance Health Care Directive. However, for crucial decisions likely to be needed when one is permanently incapacitated, you may find that it (and other forms) fails to provide the specificity that could be necessary. The power to make life or death decisions is an important one and should be given only after obtaining good advice, with full understanding and with explicit instructions that reflect the signer’s wishes and accommodate any special needs. In most cases, it is recommended that you work with an attorney who is knowledgeable about the important medical legal issues involved in preparing your Advance Health Care Directive.
Visit our New Jersey Living Will Law website!
Additional Resources can be found at our Will and Testament legal advice page, as well as our Trusts Attorneys website.
Overall, a properly drafted Advance Health Care Directive will satisfy the need for “surrogate” decision-making should incapacity strike. It will help avoid stressful and complicated issues that may arise without one, including the need for a court-ordered conservatorship or legal guardianship, which can cost over $3,500. Advance Health Care Directives allow instead allow each individual to choose who should act on his or her behalf. This form can essentially be one of the lease expensive forms of insurance than one can buy. Most importantly they can ensure personal dignity and bodily integrity in determining how decisions are made about our health care while we are still alive. These documents are important and should be considered for all those over the age of 18. Visit www.njwillsattorney.net to learn more.
If you are interested in creating an Advance Health Care Directive or have any questions pertaining to the matter, please call Fredrick P. Niemann, Esq. at the law firm of Hanlon Niemann. He can be reached at Toll Free: (888) 800-7442 or through email at fniemann@hnlawfirm.com.