1
NEW JERSEY
Advance Directive
Planning for Important Health Care Decisions
CaringI
nfo
1731 King St., Suite 100,
Alexandria,
VA 22314
www.caringinfo.org
800/658-8898
CARINGINFO
CaringInfo, a program of the National Hospice and Palliative Care Organization
(NHPCO), is a national consumer engagement initiative to improve care at the end of
life.
It’s About How You LIVE
It’s
About
How You LIVE is a national community engagement campaign encouraging
individuals to make informed decisions about end-of-life care and services. The
campaign encourages people to:
Learn about options for end-of-life services and care
Implement plans to ensure wishes are honored
Voice decisions to family, friends and health care providers
Engage in personal or community efforts to improve end-of-life care
Note: The following is not a substitute for legal advice. While CaringInfo updates the
following information and form to keep them up-to-date, changes in the underlying law
can affect how the form will operate in the event you lose the ability to make decisions
for yourself. If you have any questions about how the form will help ensure your
wishes are carried out, or if your wishes do not seem to fit with the form, you may wish
to talk to your health care provider or an attorney with experience in drafting advance
directives. If you have other questions regarding these documents, we recommend
contacting your state attorney general's office.
Copyright © 2005 National Hospice and Palliative Care Organization. All rights reserved. Revised 2020.
Reproduction and distribution by an organization or organized group without the written permission of
the National Hospice and Palliative Care Organization is expressly forbidden.
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Using these Materials
BEFORE YOU BEGIN
1. Check to be sure that you have the materials for each state in which you may
receive health care.
2. These materials include:
Instructions for preparing your advance directive, please read all the
instructions.
Your state-specific advance directive forms, which are the pages with the
gray instruction bar on the left side.
ACTION STEPS
1. You may want to photocopy or print a second set of these forms before you start so
you will have a clean copy if you need to start over.
2. When you begin to fill out the forms, refer to the gray instruction bars — they will
guide you through the process.
3. Talk with your family, friends, and physicians about your advance directive. Be sure
the person you appoint to make decisions on your behalf understands your wishes.
4. Once the form is completed and signed, photocopy the form and give it to the
person you have appointed to make decisions on your behalf, your family, friends,
health care providers and/or faith leaders so that the form is available in the event
of an emergency.
5. You may also want to save a copy of your form in an online personal health records
application, program, or service that allows you to share your medical documents
with your physicians, family, and others who you want to take an active role in your
advance care planning.
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Introduction to Your New Jersey Advance Directive
This packet contains a legal document, a New Jersey Advance Directive, that
protects your right to refuse medical treatment you do not want, or to request
treatment you do want, in the event you lose the ability to make decisions yourself.
You may fill out Part I, Part II, or both, depending on your advance planning needs.
You must complete Part III.
Part I is the New Jersey Proxy Declaration. This part lets you name an adult,
called your health care representative, or representative, to make decisions about your
health care—including decisions about life-sustaining treatments—if you can no longer
speak for yourself.
Part II is a New Jersey Instruction Declaration, which is your state’s living will.
Part II lets you state your wishes regarding health care decisions in the event that you
can no longer make your own.
Part III contains the signature and witnessing provisions so that your document will be
effective.
Your advance directive goes into effect when your doctor and one other doctor
determine in writing that you are no longer able to understand and appreciate the
nature and consequences of your health care decisions and you are no longer able to
reach an informed health care decision.
This form does not expressly address mental illness. If you would like to make advance
care plans regarding mental illness, you should talk to your physician and an attorney
about a durable power of attorney tailored to your needs.
Note: These documents
will be
legally binding
only if the
person completing them
is a
competent
adult who is at least 18 years of age.
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Instructions Completing Your Advance Directive for Health care
How do I make my Advance
Direct
ive for
H
ealt
h Care legal?
You must sign and date your document, or direct another to sign and date it:
1. in the presence of two witnesses who must be at least 18 years of age. These
witnesses must also sign the document to show that they believe you to be of
sound mind, that you voluntarily signed the document, and that they are not
your appointed health care representative or alternate health care
representative;
OR
2. before a notary public, an attorney at law, or another person authorized to
administer oaths.
Can I add personal instructions to my Living Will?
One of the strongest reasons for naming a representative is to have someone who can
respond flexibly as your health care situation changes and deal with situations that you
did not foresee. If you add instructions to this document it may help your
representative carry out your wishes, but be careful that you do not unintentionally
restrict your representative’s power to act in your best interest. In any event, be sure to
talk with your representative about your future medical care and describe what you
consider to be an acceptable “quality of life.”
Whom should I appoint as my representative?
Your representative is the person you appoint to make decisions about your health care
if you become unable to make those decisions yourself. Your representative may be a
family member or a close friend whom you trust to make serious decisions. The person
you name as your representative should clearly understand your wishes and be willing
to accept the responsibility of making health care decisions for you.
You can appoint a second person as your alternate representative. The alternate will
step in if the first person you name as a representative is unable, unwilling, or
unavailable to act for you.
You cannot appoint an operator, administrator, or employee of your treating health
care institution, unless he or she is related to you by blood, marriage, domestic
partnership, or adoption. However, you can appoint a physician so long as he or she is
not serving as your attending physician at the same time.
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What if I change my mind?
You may revoke your Advance Directive, or any part of it, at any time by:
Announcing your revocation either orally or in writing to your health care
representative, your doctor or other health care provider, or a reliable witness,
Performing any other act that demonstrates your intent to revoke the document,
or
Executing a subsequent Advance Directive.
If you designate your spouse as your representative, his or her authority is
automatically revoked upon divorce or legal separation, unless you specify otherwise in
the “further instructions” section of the Advance Directive. If you designate your
domestic partner, his or her authority is automatically revoked upon termination of your
domestic partnership, unless otherwise specified in the “further instructions” section of
the Advance Directive.
What other important facts should I know?
If you are female, you may include instructions specific to your pregnancy in the event that
you are pregnant when your Advance Directive goes into effect.
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PART I
PRINT YOUR NAME
PRINT THE NAME,
ADDRESS AND
HOME AND WORK
NEW JERSEY ADVANCE DIRECTIVE – PAGE 1 OF 10
PART I: PROXY DIRECTIVE
I, , hereby appoint:
(your name)
(name of health care representative)
TELEPHONE
NUMBERS OF YOUR
HEALTH CARE
REPRESENTATIVE
(address of health care representative)
(home phone number)
(work phone number)
to be my health care representative to make any and all health care
decisions for me, including decisions to accept or to refuse any treatment,
service or procedure used to diagnose or treat my physical or mental
condition, and decisions to provide, withhold or withdraw life-sustaining
treatment. I direct my health care representative to make decisions on my
behalf in accordance with my wishes as stated in this document, or as
otherwise known to him or her. In the event my wishes are not clear or if
a situation arises that I did not anticipate, my health care representative
is authorized to make decisions in my best interests.
If the person I have designated above is unable, unwilling or unavailable
to act as my health care representative, I hereby designate the following
person(s) to act as my health care representative, in the following order
of priority:
1. Name ____________________________________________________
Address
City _____________________________________ State
PRINT THE NAME,
ADDRESS, AND
TELEPHONE
NUMBER OF YOUR
FIRST ALTERNATE
HEALTH CARE
REPRESENTATIVE
© 2005 National
Hospice and
Palliative Care
Organization 2020
Revised.
Telephone
7
NEW JERSEY ADVANCE DIRECTIVE - PAGE 2 OF 10
PRINT THE NAME,
ADDRESS AND
TELEPHONE
NUMBER OF
YOUR SECOND
ALTERNATE
HEALTH CARE
REPRESENTATIVE
2. Name
Address
City State
Telephone
ADD ADD
ITIONAL
I direct that my health care representative comply with the following
instructions and/or limitations (optional):
INSTRUCTIONS,
IF
ANY
ADD
I
NSTRUCTIONS, IF
ANY, TO BE
FOLLOWED IN THE
EVENT YOU
ARE PREGNANT
© 2005 National
Hospice and
Palliative Care
Organization
2020 Revised.
(use additional pages if necessary)
I direct that my health care representative comply with the following
instructions in the event that I am pregnant when this Directive
becomes effective (optional):
(use additional pages if necessary)
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NEW JERSEY ADVANCE DIRECTIVE – PAGE 3 OF 10
PART II
INITIAL ONLY ONE
IF YOU INITIAL
STATEMENT 2, YOU
MUST SPECIFY
WHEN YOU WOULD
LIKE TO FOREGO
LIFE-SUSTAINING
MEASURES ON THE
FOLLOWING PAGES
© 2005 National
Hospice and
Palliative Care
Organization 2020
Revised.
PART II. INSTRUCTION DIRECTIVE
In Part II, you are asked to provide instructions concerning your future
health care. This will require making important and perhaps difficult
choices. Before completing your directive, you should discuss these
matters with your health care representative, doctor and family
members or others who may become responsible for your care.
In the sections below, you may state the circumstances in which various
forms of medical treatment, including life-sustaining measures, should
be provided, withheld or discontinued. If the options and choices below
do not fully express your wishes, you should use the “Further
Instructions” section below, and/or attach a statement to this document
which would provide those responsible for your care with additional
information you think would help them in making decisions about your
medical treatment. Please familiarize yourself with all sections of
Part II before completing your directive.
General Instructions.
To inform those responsible for my care of my specific wishes, I make
the following statement of personal views regarding my health care.
Initial ONE of the following two statements with which you
agree:
1. _I direct that all medically appropriate measures be provided
to sustain my life regardless of my physical or mental condition.
2. There are circumstances in which I would not want my life
to be prolonged by further medical treatment. In these circumstances,
life-sustaining measures should not be initiated and if they have been,
they should be discontinued. I recognize that is likely to hasten my
death. In the following, I specify the circumstances in which I would
choose to forego life-sustaining measures.
If you have initialed statement 2, on the following page please
initial each of the statements (a, b, c) with which you agree:
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INITIAL EACH
LETTERED
STATEMENT (A, B,
AND/OR C) THAT
REPRESENTS WHEN
YOU WOULD LIKE
TO FOREGO LIFE-
SUSTAINING
MEASURES
IF YOU INITIALED
STATEM
ENT A,
INDICATE WHAT
YOU CONSIDER TO
BE A TERMINAL
CONDITION THAT
WILL JUSTIFY THE
WITHHOLDING OR
DISCONTINUING OF
LIFE-SUSTAINING
MEASURES
© 2005 National
Hospice and
Palliative Care
Organization
2020 Revised.
NEW JERSEY ADVANCE DIRECTIVE - PAGE 4 OF 10
a. I realize that there may come a time when I am diagnosed as
having an incurable and irreversible illness, disease, or condition. If this
occurs, and my attending physician and at least one additional physician
who has personally examined me determine that my condition is terminal,
I direct that life-sustaining measures which would serve only to artificially
prolong my dying be withheld or discontinued. I also direct that I be given
all medically appropriate care necessary to make me comfortable and
relieve pain. To me, terminal condition means that my physicians have
determined that:
I will die within a few days, or
I will die within a few weeks, or
I have a life expectancy of approximately or
less (enter 6 months or 1 year)
b. If there should come a time when I become permanently
unconscious, and it is determined by my attending physician and at least
one additional physician with appropriate expertise who has personally
examined me, that I have totally and irreversibly lost consciousness and
my capacity for interaction with other people and my surroundings, I
direct that life-sustaining measures be withheld or discontinued. I
understand that I will not experience pain or discomfort in this condition,
and I direct that I be given all medically appropriate care necessary to
provide for my personal hygiene and dignity.
c. I realize that there may come a time when I am diagnosed as
having an incurable and irreversible illness, disease, or condition which
may not be terminal. My condition may cause me to experience severe
and progressive physical or mental deterioration and/or a permanent loss
of capacities and faculties I value highly. If, in the course of my medical
care, the burdens of continued life with treatment become greater that
the benefits I experience, I direct that life-sustaining measures be
withheld or discontinued. I also direct that I be given all medically
appropriate care necessary to make me comfortable and to relieve pain.
(Paragraph c. covers a wide range of possible situations in which you may
have experienced partial or complete loss of certain mental or physical
capacities you value highly. If you wish, in the space provided below you
may specify in more detail the conditions in which you would choose to
forego life-sustaining measures. You might include a description of the
faculties or capacities, which, if irretrievably lost would lead you to accept
death rather than continue living. You may want to express any special
concerns you have about particular medical conditions or treatments, or
any other considerations, which would provide further guidance to those
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NEW JERSEY ADVANCE DIRECTIVE - PAGE 5 OF 10
who may become responsible for your care. If necessary, you may attach
a separate statement to this document or provide your wishes in the
“Further Instructions” section, below.)
Examples of conditions that I find unacceptable are:
Specific Instructions: Artificially Provided Fluids and Nutrition;
Cardiopulmonary Resuscitation (CPR).
On page 4, above, you provided general instructions regarding life-
sustaining measures. Here you are asked to give specific instructions
regarding two types of life-sustaining measures—artificially provided fluids
and nutrition and cardiopulmonary resuscitation.
In the space provided, initial the phrase with which you agree:
1. In the circumstances I initialed on page 4, I also direct that artificially
provided fluids and nutrition, such as feeding tube or intravenous infusion,
be withheld or withdrawn and that I be
allowed to die, or
be provided to the extent medically
appropriate.
2. In the circumstances I initialed on page 4, if I should suffer a cardiac
arrest, I also direct that cardiopulmonary resuscitation (CPR)
not be provided and that I be allowed to die,
or
be provided to preserve my life, unless
medically inappropriate or futile.
3. If neither of the above statements adequately expresses your wishes
concerning artificially provided fluids and nutrition or CPR, please explain
your wishes below.
IF YOU INITIALED
STATEMENT C,
ABOVE, YOU MAY
LIST CONDITIONS
THAT YOU
FIND
UNNACCEPTABLE
AND
WOULD
JUSTIFY THE
WITHHOLDING OR
DISCONTINUING OF
LIFE-SUSTAINING
MEASURES
INITIAL YOUR
PREFERENCE
REGARDING
ARTIFICIALLY
PROVIDED FLUIDS
AND NUTRITION
(FOOD AND DRINK)
INITIAL YOUR
PREFERENCE
REGARDING CPR
YOU MAY ADD
FURTHER
INSTRUCTIONS
REGARDING
ARTIFICIALLY
PROVIDED FLUIDS
AND NUTRITION OR
CPR HERE
© 2005
National
Hospice
and
Palliative
Care
Organization
2020 Revised.
11
NEW JERSEY ADVANCE DIRECTIVE - PAGE 6 OF 10
INITIAL HERE IF
YOU HAVE AN
OBJECTION TO
BRAIN DEATH:
The State of New Jersey has determined that an individual may be
declared legally dead when there has been an irreversible cessation of
all functions of the entire brain, including the brain stem (also known as
whole brain death). However, individuals who do not accept this
definition of brain death because of their personal religious beliefs may
request that it not be applied in determining their death.
Initial the following statement only if it applies to you:
NEW JERSEY’S
To declare my death on the basis of the whole brain death
BRAIN DEATH
DEFINITION
ORGA
N DONATION
(OPTIONAL)
I
NITIAL THE
standard would violate my personal religious beliefs. I therefore wish my
death to be declared only when my heartbeat and breathing have
irreversibly stopped.
ORGAN DONATION (OPTIONAL)
(It is now possible to transplant human organs and tissue in order to
save and improve the lives of others. Organs, tissues, and other body
parts are also used for therapy, medical research and education. This
section allows you to indicate your desire to make an anatomical gift
and if so, to provide instructions for any limitations or special uses.)
I do not want to make an organ or tissue donation and I do not
want my representative or family to do so.
OR
STATEMENT THAT
Upon my death, I wish to donate:
BEST REFLECTS
YOUR WISHES
© 2005 National
Hospice and
Palliative Care
Organization
2020 Revised.
My body for anatomical study if needed.
Any needed organs, tissues, or eyes.
Only the following organs, tissues, or eyes:
I authorize the use of my organs, tissues, or eyes:
For transplantation
For therapy
For research
For medical education
For any purpose authorized by law.
12
NEW JERSEY ADVANCE DIRECTIVE - PAGE 7 OF 10
FURTHER INSTRUCTIONS:
ADD OTHER
INSTRUCTIONS,
IF
ANY,
REGARDING
YOUR ADVANCE
CARE PLANS
THESE
INSTRUCTIONS CAN
FURTHER ADDRESS
YOUR HEALTH CARE
PLANS, SUCH AS
YOUR WISHES
REGARDING
HOSPICE
TREATMENT, BUT
CAN ALSO ADDRESS
OTHER ADVANCE
PLANNING ISSUES,
SUCH AS
YOUR
BURIAL
WISHES
ATTACH
ADDITIONAL PAGES
IF NEEDED
© 2005 National
Hospice and
Palliative Care
Organization
2020 Revised.
13
NEW JERSEY ADVANCE DIRECTIVE - PAGE 8 OF 10
PART III
USE ALTER
NATIVE
NO. 1 IF YOU PLAN
TO SIGN BEFORE
WITNESSES (P. 9)
USE ALTERNATIVE
NO. 2 IF YOU PLAN
TO HAVE YOUR
SIGNATURE
NOTARIZED (P. 10)
© 2005 National
Hospice and
Palliative Care
Organization
2020 Revised.
PART III: EXECUTION
This advance directive will not be valid unless it is EITHER:
Signed in the presence of two witnesses who must be at least 18 years
of age. These witnesses must also sign the document to show that they
believe you to be of sound mind, that you voluntarily signed the
document, and that they are not your appointed health care
representative or alternate health care representative (use Alternative
No. 1 if you plan to sign before witnesses);
OR
Signed before a notary public, an attorney at law, or another person
authorized to administer oaths (use Alternative No. 2 if you plan to have
your signature notarized).
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NEW JERSEY ADVANCE DIRECTIVE - PAGE 9 OF 10
Alternative No. 1.
By writing this advance directive, I inform those who may become
responsible for my health care of my wishes and intend to ease the
burdens of decision making which this responsibility may impose. I have
discussed the terms of this designation with my health care
representative(s) and my representative(s) has/have willingly agreed to
accept the responsibility for acting on my behalf in accordance with this
directive and my wishes. I understand the purpose and effect of this
document and sign it knowingly, voluntarily and after careful
deliberation.
Signed this day of 20_ .
Signature
Address
City _____________________________ State
I declare that the person who signed this document or asked another to
sign this document on his or her behalf, did so in my presence and he or
she appears to be of sound mind and free of duress or undue influence.
I am 18 years of age or older, and am not designated by this or any
other document as the person’s health care representative or alternate
health care representative.
1. Witness
Address _________________________
_______________________________
City State ________
Signature ______________________________ Date
2. Witness
SIGN AND DATE
YOUR
DOCUMENT AND
PRINT YOUR
ADDRESS
YOUR WITNESSES
MUST PRINT THEIR
NAMES AND
ADDRESSES AND
SIGN AND DATE
HERE
© 2005 National
Hospice and
Palliative Care
Organization 2020
Revised.
Address
City State
Signature Date
15
NEW JERSEY ADVANCE DIRECTIVE - PAGE 10 OF 10
Alternative No. 2.
By writing this advance directive, I inform those who may become
responsible for my health care of my wishes and intend to ease the
burdens of decision making which this responsibility may impose. I have
discussed the terms of this designation with my health care
representative(s) and my representative(s) has/have willingly agreed to
accept the responsibility for acting on my behalf in accordance with this
directive and my wishes. I understand the purpose and effect of this
document and sign it knowingly, voluntarily and after careful deliberation.
SIGN AND DATE
YOUR
DOCUMENT AND
PRINT YOUR
ADDRESS
Signed this day of 20_ .
Signature
Address
City ______________________________ State
Notary, Attorney at Law, or other person authorized to administer oaths
A NOTARY
PUBLIC OR
ATTORNEY AT
LAW SHOULD
COMPLETE THIS
SECTION
On , before me came
(date)
,
(name of declarant)
whom I know to be such person, and the declarant did then and there
execute this declaration.
Sworn before me this _______ day of , 20 .
Signature of: (check one)
Notary Public
Attorney at Law
C
ourtesy
of CaringInfo
© 2005 National
Hospice and
Palliative Care
Organization
2020 Revised.
1731 King St., Suite 100,
Alexandria,
VA 22314
www.caringinfo.org,
800/658-8898
16
You Have Filled Out Your Health Care Directive, Now What?
1. Your New Jersey
Advance Directive
is an important legal document. Keep the original
signed document in a secure but accessible place. Do not put the original document in
a safe deposit box or any other security box that would keep others from having access
to it.
2. Give photocopies of the signed original to your representative and alternate
representative, doctor(s), family, close friends, clergy, and anyone else who might
become involved in your health care. If you enter a nursing home or hospital, have
photocopies of your document placed in your medical records.
3. Be sure to talk to your representative(s), doctor(s), clergy, family, and friends about
your wishes concerning medical treatment. Discuss your wishes with them often,
particularly if your medical condition changes.
4. You may also want to save a copy of your form in an online personal health records
application, program, or service that allows you to share your medical documents with
your physicians, family, and others who you want to take an active role in your advance
care planning.
5. If you want to make changes to your documents after they have been signed and
witnessed, you must complete a new document.
6. Remember, you can always revoke your New Jersey document.
7. Be aware that your New Jersey document will not be effective in the event of a medical
emergency. Ambulance and hospital emergency department personnel are required to
provide cardiopulmonary resuscitation (CPR) unless they are given a separate directive
that states otherwise. These directives called “prehospital medical care directivesor
“do not resuscitate orders” are designed for people whose poor health gives them little
chance of benefiting from CPR. These directives instruct ambulance and hospital
emergency personnel not to attempt CPR if your heart or breathing should stop.
Currently not all states have laws authorizing these orders. We suggest you speak to
your physician if you are interested in obtaining one. CaringInfo does not distribute
these forms.
OR donate online today: www.NationalHospiceFoundation.org/donate
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