The information below describes your legal rights concerning health care decisions and living wills. It explains your legal right to make decisions about your own health care under New Jersey law, and it tells you how to plan ahead for your health care if you become unable to decide for yourself because of an illness or accident.
1. Why should I consider writing a living will?
A serious injury, illness or a mental incapacity may make it impossible for you to make any health care decisions for yourself. In these real life situations, those responsible for your care will be forced to make these decisions for you. A living will is simply a legal document that which provides information for your treatment preferences to those caring for you, helping to insure that your wishes are respected even when you can't make decisions yourself. A clearly written living will help prevent disagreements among those close to you. Moreover, a living will can reduce some of the burdens of decision making which are often experienced by family members, friends and health care providers.
2. What happens if I'm unable to decide about my health care?
If you should become unable to make treatment decisions because of an illness or an accident, then those caring for you will need to know about your values and wishes in making decisions on your behalf. Therefore, it is critically important to have a living will in this day and age. If you don't have a living will then you could be forced to live as a vegetable for many years.
3. Where should I keep my living will?
In addition to the client keeping a copy of the living will, copies should be distributed to the health care representative and the alternate. Moreover, a copy should be given to your personal physician. Family members, friends, or anyone else who is likely to be involved in your health care treatments should also be given a copy.
4. Will the terms of my living will be followed?
Yes. Everyone responsible for your care must respect and comply with the directives and wishes that you have specified in your living will. However, if your doctor, nurse or other professional has a sincere objection to respecting your wishes to refuse life-sustaining treatment, then he or she may have your care transferred to another professional who will carry them out.
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