A durable power of attorney grants a named individual the power to make important health care and end-of-life decisions on behalf of another, usually in conjunction with a living will. State laws regulate the procedures and requirements for this legal process. In New Jersey, durable power of attorney laws require that the process be signed and dated, with two witnesses declaring that the signee is "of sound mind and free of duress and undue influence."
Learn more about New Jersey durable power of attorney laws below. See Power of Attorney for Healthcare and Living Wills for more information.
| Code Section | 26:2H-53, et seq. Advanced Directives for Health Care |
| Specific Powers, Life-Prolonging Acts | Decisions to accept or refuse treatment, service, or procedure used to diagnose, treat, or care for a patient's physical or mental condition including life-sustaining treatment. Includes decisions on acceptance or rejection of services of particular physician or health care provider or transfer of care; on the use of any medical device or procedure, artificially provided fluids and nutrition, drugs, surgery or therapy that uses mechanical or other artificial means to sustain, restore, or supplant a vital bodily function and thereby increase the expected life span of a patient; does not include provision of comfort care or alleviation of pain |
| Legal Requirements for Durable Power of Attorney | (1) Competent adult; (2) signed; (3) dated; (4) 2 witnesses who shall attest that declarant is of sound mind and free of duress and undue influence or notarized or other person authorized to administer oaths. May be supplemented by video or audio tape recording; (5) directive implemented when determination of lack of decision-making capacity is documented and confirmed by physicians |
| Revocation of Durable Power of Attorney | Revocable by (1) oral or written notification; (2) execution of subsequent directive; (3) divorce revokes former spouse's designation as representative. Patient's clearly expressed wishes take precedent over any patient's decision or proxy directive |
| Validity from State-to-State | Effective if executed in compliance with New Jersey law or the laws of that state. Effective if executed in a foreign country in compliance with that country's laws or the laws of New Jersey and is not contrary to public policy of New Jersey |
| If Physician Unwilling to Follow Durable Power of Attorney | Unwilling physician should act as soon as practicable to effect an appropriate, respectful and timely transfer care and to assure patient is not abandoned or treated disrespectfully |
| Immunity for Attending Physician | No civil, criminal, or professional liability for any physician acting in good faith and pursuant to this act |
Note: State laws are constantly changing -- contact a New Jersey estate planning attorney or conduct your own legal research to verify the state law(s) you are researching.
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New Jersey Durable Power of Attorney Laws: Related Resources
