Morris County Advance Healthcare Directive Attorney
If illness or injury ever leaves you unable to speak for yourself, someone will need to make medical decisions on your behalf. An advance healthcare directive lets you choose that person now and record the medical treatment you would and would not want. At E.A. Goodman Law, LLC, we help clients throughout Morris County prepare advance healthcare directives that comply with New Jersey law and work alongside the rest of their estate plans. Whether you are creating your first estate plan or updating existing documents, we will help you protect your wishes and reduce uncertainty for your loved ones.
Why Morris County Families Choose E.A. Goodman Law
Estate planning is personal, and your advance healthcare directive should reflect your wishes. We take the time to understand your goals and prepare documents tailored to your needs.
When you work with us, you can expect:
- An estate planning and elder law practice. Preparing advance healthcare directives is a routine part of the work we do for New Jersey families.
- Serving clients from our Morristown office. We assist individuals and families throughout Morris County and surrounding communities.
- A coordinated approach to estate planning. We prepare advance healthcare directives alongside wills, trusts, and financial powers of attorney so your documents work together.
- Planning tailored to your circumstances. We learn about your family, your goals, and your healthcare preferences before preparing your documents.
- Ongoing support as life changes. We are here to review and update your estate plan as your family, health, or priorities change.
What Is an Advance Healthcare Directive?
An advance healthcare directive is a legal document that allows you to plan for future medical decisions if you become unable to communicate your wishes. It lets you appoint a trusted person to make healthcare decisions on your behalf and record your treatment preferences. Together, those instructions help your healthcare providers and loved ones make decisions that reflect your wishes.
What Types of Advance Directives Are Available in New Jersey?
New Jersey’s Advance Directives for Health Care Act recognizes two primary types of directives. Most people choose to include both in a single document.
Proxy Directive (Healthcare Proxy)
A proxy directive, often called a healthcare proxy or power of attorney for healthcare, allows you to appoint a healthcare representative to make medical decisions if you cannot make or communicate those decisions yourself.
Your healthcare representative may speak with doctors, consent to or decline treatment, review medical information, and make healthcare decisions based on your wishes and best interests.
Instruction Directive (Living Will)
An instruction directive, commonly known as a living will, provides written guidance about the medical treatment you want or do not want under specific circumstances.
Your directive may address life-sustaining treatment, artificial nutrition and hydration, pain management, ventilator use, and other end-of-life decisions.
Combining a proxy directive with an instruction directive gives your healthcare representative both legal authority and guidance if unexpected circumstances arise.
Who Should You Choose as Your Healthcare Representative?
Your healthcare representative should be someone you trust to communicate with healthcare providers and carry out your wishes. Many people choose a spouse, adult child, sibling, close relative, or trusted friend.
Under New Jersey law, an operator, administrator, or employee of a healthcare facility where you are receiving care generally cannot serve as your healthcare representative unless that person is related to you by blood, marriage, or adoption. We also recommend naming a successor representative if your first choice cannot serve.
What Happens Without an Advance Healthcare Directive?
If you do not have an advance healthcare directive, your loved ones may not have clear authority to make healthcare decisions on your behalf. Family disagreements can delay medical decisions, and in some situations, your family may need to ask the court to appoint a guardian before someone can act for you.
A guardianship proceeding can take time, increase expenses, and add stress during an already difficult period. Preparing an advance healthcare directive now helps avoid uncertainty later.
How Do You Make an Advance Healthcare Directive Valid in New Jersey?
To create a valid advance healthcare directive in New Jersey, you must be at least 18 years old and have the mental capacity to understand the document you are signing.
The directive must be signed and dated in the presence of two adult witnesses or acknowledged before a notary public, attorney, or another person authorized to administer oaths. Your healthcare representative should not serve as a witness.
Signing the document does not immediately give your healthcare representative authority to act. The directive becomes effective after your attending physician has a copy of it and determines that you lack the capacity to make your own healthcare decisions. Until then, you continue making your own medical decisions.
You may revise or revoke your advance healthcare directive at any time while you have legal capacity. We can also help you determine who should receive copies so the document is available if it is ever needed.
How Does an Advance Healthcare Directive Fit Into Your Estate Plan?
An advance healthcare directive protects you if you cannot make your own medical decisions. We often prepare it alongside wills, revocable living trusts, and durable financial powers of attorney as part of a comprehensive estate plan.
Plan Ahead With E.A. Goodman Law, LLC
Creating an advance healthcare directive allows you to document your medical wishes before an emergency occurs. If you are ready to create or update your documents, contact us today to schedule a consultation.
Frequently Asked Questions
Will my New Jersey advance healthcare directive be recognized in another state?
Many states recognize advance healthcare directives that were properly executed elsewhere, but the rules vary. If you spend significant time in another state, we can discuss whether additional planning is appropriate.
How is a POLST different from an advance healthcare directive?
A Practitioner Orders for Life-Sustaining Treatment (POLST) form is a medical order intended for individuals with serious illness or advanced frailty. An advance healthcare directive is a legal planning document that allows you to appoint a healthcare representative and express your treatment preferences before a medical crisis occurs.
Should I update my advance healthcare directive after a divorce?
Yes. If you named your former spouse as your healthcare representative, reviewing and updating your directive is generally a good idea. Other significant life events, including marriage, the birth of a child, or the death of your healthcare representative, are also good times to review your estate plan.