Attorney-Approved Living Will Document for the State of New Jersey

When filling out the New Jersey Living Will form, it’s important to approach the process with care. Here are some things you should and shouldn’t do:

• Do: Clearly state your wishes regarding medical treatment in case you become unable to communicate.
• Do: Discuss your decisions with your family and loved ones to ensure they understand your preferences.
• Do: Review the form carefully to ensure all sections are completed accurately.
• Do: Sign the document in the presence of witnesses as required by New Jersey law.

• Don’t: Leave any sections blank, as this may lead to confusion about your wishes.
• Don’t: Use vague language; be as specific as possible about your healthcare preferences.
• Don’t: Forget to date the form; an undated form may not be considered valid.
• Don’t: Ignore the need for periodic reviews; your preferences may change over time.

1. What is a Living Will in New Jersey?

   A Living Will is a legal document that allows individuals to express their wishes regarding medical treatment in the event they become unable to communicate those wishes themselves. In New Jersey, this document specifically outlines preferences for life-sustaining treatment and other healthcare decisions.

2. Who should consider creating a Living Will?

   Any adult can benefit from having a Living Will. It is especially important for individuals with serious health conditions, those undergoing major surgeries, or anyone who wants to ensure their healthcare wishes are respected. Creating a Living Will can provide peace of mind for both the individual and their loved ones.

3. What should be included in a Living Will?

   A Living Will typically includes specific instructions regarding medical treatments such as resuscitation, mechanical ventilation, and artificial nutrition and hydration. It should clearly state the conditions under which these treatments should or should not be administered. Additionally, individuals may wish to include preferences regarding pain management and end-of-life care.

4. How is a Living Will created in New Jersey?

   In New Jersey, creating a Living Will involves completing a form that complies with state laws. While individuals can draft their own Living Will, it is often advisable to use a standardized form to ensure all legal requirements are met. Once completed, the document should be signed and dated in the presence of two witnesses, who must also sign the document.

5. Can a Living Will be changed or revoked?

   Yes, a Living Will can be changed or revoked at any time as long as the individual is mentally competent. To revoke a Living Will, a person can simply destroy the document or create a new one that explicitly states the revocation of previous directives. It is important to inform healthcare providers and family members of any changes made.

6. What happens if I do not have a Living Will?

   If an individual does not have a Living Will and becomes unable to communicate their wishes, healthcare providers may rely on family members to make decisions on their behalf. This can lead to confusion and conflict among family members, as they may have differing opinions on what the individual would have wanted. Without clear directives, there is a risk that medical treatments may not align with the individual's preferences.

7. Is a Living Will the same as a Power of Attorney?

   No, a Living Will and a Power of Attorney serve different purposes. A Living Will focuses specifically on medical treatment preferences, while a Power of Attorney allows an individual to appoint someone else to make financial and legal decisions on their behalf. It is advisable to have both documents to ensure comprehensive planning for both healthcare and other personal matters.