If you are thinking about creating a living will but are not quite sure when or how you can draft one, here are the answers to four frequently asked questions about living wills in New Jersey.
How does a living will work?
Also known as “advance health care directive” in New Jersey, this document is an estate planning tool that carries instructions about your future medical treatments and end-of-life care. Under state laws, any adult who is at least 18 years old and of sound mind may create a living will.
Are there exceptions?
Your living will can only be used if you become mentally incapacitated, permanently unconscious or reach your end-of-life care. Additionally, if you are found to be pregnant as a patient, your document shall be deemed invalid.
What are the requirements that I need to prepare for?
Aside from the minimum age requirement, your living will must contain comprehensive details about your medical directives and end-of-life care preferences. For example, your document may include specific instructions about your pain management, artificial feeding and use of artificial life support devices.
You must also sign your living will in the presence of two adult witnesses or a notary public and provide copies of the signed documents to your family, health care provider and medical proxy.
Can I update my living will?
Yes, you can modify or cancel your living will at any time. Before you replace your original document, you must get back all the previous copies first and write “REVOKED” across each page with your signature and the date on which you signed it.
You have control over your future medical care
When you have a valid living will, you can make informed choices about how you wish to be treated and taken care of by your healthcare providers and your family.