A Guide For Living Wills

10. How can I make any changes to a living will?

A living will can be modified at any time, as long as the declarant (the person who makes the living will) still has the ability to make sound decisions. If there are any changes to the living will, they should also be witnessed and dated.

11. How can I revoke my living will?

A living will may be revoked at any time. A revocation takes effect upon oral or written notification to a health care representative, doctor, nurse, or any other health care professional or other reliable witness. Any act which evidences a desire to revoke the instrument will also be seen as a valid act for purposes of revocation. The execution of subsequent instruments will also act to revoke any previous such documents.

12. Who should I name as my health care representative?

The person you choose to be your health care representative has the legal right to accept or refuse medical treatment (including Life-sustaining measures) on your behalf and to assure that your wishes concerning your medical treatment are carried out. You should choose a person who knows you well and who is familiar with your feelings about different types of medical treatmentand the conditions under which you would choose to accept or refuse either a specific treatment or all treatments.

A health care representative must also understand that it his or her responsibility is to implement your wishes even if your representative or others might disagree with them. Therefore, it is important to select someone in whose judgment you have confidence in.

13. What else do I need to know about choosing a health care representative in New Jersey?

When you choose your health care representative, the most important criteria are trustworthiness and dependability. You might also want to choose someone you think will be good at asserting your health care wishes if others argue against them. The health care representative must be able to be persistent or calm under pressure.

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