5. Does New Jersey recognize living wills as legally binding documents?
Absolutely. In 1990, the Supreme Court of the United States confirmed that a person's rights to make choices about medical care are protected by the Bill of Rights. Under New Jersey law a living will are clearly legal and binding legal documents. Moreover, hospitals and physicians must also honor your living will.
6. What happens if I regain the ability to make my own health care decisions?
If you should regain the ability to make your own health care decisions, then you will have the legal authority to make any decisions regarding your health care and treatment. Thereafter, the person who holds holding your medical power of attorney will not be able to make these decisions for you.
7. What if I don't have a living will?
If you should become unable to make treatment decisions and if you do not have a living will, then your close family member(s) will talk to your doctor and make these decisions on your behalf. However, if your family members or physicians disagree about your medical care, then it may be necessary for a court to intervene and to appoint someone as your legal guardian. This also may be legally required if you do not have a family member to make decisions on your behalf. That is why it is very important to put your wishes in writing to make it clear who should decide for you, and to help your family and doctor know intentions.
8. Will I still be treated if I don't have a living will?
Yes. You will still receive medical treatment even if you do not have a living will. Your health insurance company also can't deny coverage based on whether or not you have a living will.
9. How are living wills executed?
A competent adult may execute a living will at any time. The living will must be signed by the declarant and witnessed by either two adult witnesses or a notary public or lawyer. The witnesses must also attest to the sound mind of the declarant, and that the living will was executed free of duress or undue influence. The health care representative or the agent as listed in the living will is ineligible to act as a witness. In New Jersey the agent is also referred to as a health care representative. New Jersey recognizes living wills executed in other states as long as they comply with the laws of New Jersey.
Continue Reading