Imagine your family sitting beside you in a hospital room, facing decisions they never expected to make. You cannot tell them what you want, and they cannot ask you. Even people who know you best may struggle to decide whether a particular treatment reflects your wishes. In that moment, they may have to rely on memories, assumptions or disagreements about what you would have chosen. A living will can give them something more certain to follow: your own instructions.
What does a living will do in New Jersey?
In New Jersey, a living will generally takes the form of an instruction directive. This document lets a competent adult communicate health care preferences in advance, including wishes about accepting, withholding or withdrawing medical treatment and life-sustaining treatment.
A living will differs from a traditional will. A traditional will addresses property and other matters after death, while a living will addresses medical decisions during a person’s lifetime. It can speak for someone who cannot communicate informed health care decisions because of illness, injury or another condition.
New Jersey also recognizes a proxy directive. This document allows a person to name someone they trust to make health care decisions if they lose decision-making capacity. Some people may choose to use both an instruction directive and a proxy directive to provide written guidance while also naming a trusted decision-maker.
A thoughtful estate plan can therefore do more than organize property. It can help give your loved ones guidance when they need it most.
Let your wishes speak when you cannot
No document can make a difficult medical situation easy. However, a living will can help reduce uncertainty and give families confidence that they are honoring a loved one’s wishes rather than trying to guess them.
An attorney can explain New Jersey’s requirements and help determine which advance directives fit your circumstances. Seek legal guidance for personalized support when creating or reviewing a living will or broader estate plan.
