While you need not name someone who lives in New Jersey, the person you name should at least be willing and able to travel to your bedside if necessary. Your health care representative will begin to make health care decisions for you when you lack the capacity to do so.
14. When does my living will take effect?
Your living will takes effect when you no longer have the ability to make certain decisions about your health care. This judgment is normally made by your attending physician, and by any additional physicians who may be required by law to examine you. If there is any doubt about your ability to make such decisions, your doctor will consult with another doctor with training and experience in this area. Together they will decide if you are unable to make your own health care decisions.
15. What happens if I should regain the ability to make my own decisions?
If you should regain your ability to make decisions, then you will resume making your own decisions directly. Your living will is in effect as long as you are unable to make your own decisions.
16. Should I discuss my wishes with my health care representative and others?
Absolutely! Your health care representative is the person who speaks for you when you can't speak for yourself. It is very important that he or she has a clear sense of your feelings, attitudes and health care preferences. You should also discuss your wishes with your physician, family members, and family friends who will be involved in caring for you.
17. Does my health care representative have the authority to make all health care decisions for me?
It is up to you to say what your health care representative can and cannot decide. You may wish to give him or her broad authority to make all treatment decisions including decisions to forego life-sustaining measures. On the other hand, you may wish to restrict the authority to specific treatments or circumstances. Your representative has to respect these limitations.
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