A New Jersey health care proxy lets you choose someone to make important medical decisions on your behalf if you lose the ability to communicate. The person you appoint, called your agent or health care representative, is responsible for carrying out your health care wishes only after you become incapacitated.
In New Jersey, this legal form can also be called a:
- New Jersey Medical Power of Attorney
- Durable Power of Attorney for Health Care
- New Jersey Proxy Directive
- New Jersey Medical POA
Laws: Title 26, Sections 2H-53 to 2H-67 of the New Jersey Revised Statutes regulate NJ health care proxy designations.
Consider the following documents as part of your end-of-life planning process if you’re creating a health care proxy in New Jersey:
- Living Will: This document, sometimes called an instruction directive, lets you provide your doctor with instructions regarding your care and treatment if you become incapacitated. Both living wills and medical powers of attorney (health care proxies) are considered advance directives.
- New Jersey (Financial) Power of Attorney lets you choose an agent to act on your behalf in managing your financial affairs. You can decide whether to give your agent this authority right away or only during incapacity.
How to Fill in a Health Care Proxy in New Jersey
Take these steps to make sure your health care proxy is filled out according to New Jersey requirements, as outlined in NJ Rev Stat §26:2H-53 to §26:2H-67:
Step 1: Choose an agent
Your agent, also called your health care representative, is responsible for carrying out your medical wishes during incapacitation.
Who should I choose as an agent?
You can choose any competent adult to serve as your agent. A few common selections include your:
- Spouse
- Close family member
- Trusted friend
- Religious or spiritual advisor
No matter your relationship with the person, make sure you choose an agent who’s trustworthy, responsible, and has a good understanding of your values in case they need to make a decision about your healthcare that’s not specifically addressed in your proxy.
Relevant law: NJ Rev Stat §26:2H-58
Who can’t be your agent?
New Jersey law prohibits certain individuals from being appointed as your agent. These include:
- Employees of the healthcare facility where you’re a patient (unless they’re your relative)
- Your attending physician
Despite these limitations, you may designate a physician at your facility to serve as your agent as long as they’re not your attending physician (responsible for your care or treatment) at the same time.
Relevant law: NJ Rev Stat §26:2H-58
Can you have more than one agent?
You can appoint one or more alternate agents to take over if your primary agent is unwilling or unable to serve. You can also direct that your primary agent should consult with someone else on decisions (like a family member or alternate agents).
Relevant law: NJ Rev Stat §26:2H-58
Step 2: Specify what healthcare decisions your agent can make
As you fill your form, think about what powers you want to give your agent.
Can you limit your agent’s powers?
Yes, you can specify which medical decisions your agent can make on your behalf by including any restrictions directly in the MPOA document.
You can also describe which treatments you do or don’t want to receive in different situations (like if you’re pregnant or if you fall into a coma). Your agent and medical professionals must follow any instructions you leave.
If you don’t restrict your agent’s power, they’ll have the right to make all medical decisions on your behalf, including but not limited to:
- Approving medicine or treatment
- Withholding life-sustaining care
- Donating your organs after death
- Accessing your medical records
Relevant law: NJ Rev Stat §26:2H-63
What is your agent legally unable to do?
Aside from limitations you include in the health care proxy form, your agent generally has the right to make any medical decision you would normally make.
No matter what, your agent can’t:
- Act on your behalf while you have the capacity to do so yourself
- Make a decision that goes against your wishes or isn’t in your best interest
Relevant law: NJ Rev Stat §26:2H-58
When can your agent start making decisions for you?
Your agent can begin making healthcare decisions for you once a physician has determined that you don’t have the capacity to make these decisions yourself.
After you’re incapacitated, if you express a wish to receive life-sustaining care, it will be followed even if your agent or your health care proxy states otherwise.
Relevant law: NJ Rev Stat §26: 2H-59 and NJ Rev Stat §26:2H-63
Step 3: Sign the form
Sign the form according to New Jersey requirements to make sure it’s legally binding:
Do you need witness or notary signatures?
To make your NJ health care proxy legally binding, you must either:
- acknowledge your signature before a notary public, or
- sign in the presence of two witnesses.
If you’re unable to sign you can direct someone else to do so in your presence.
Relevant law: NJ Rev Stat §26:2H-56
Who can’t be a witness?
The person who will serve as your agent can’t be one of your witnesses. Your witnesses must be able to testify that you’re of sound mind and signing willingly at the time when the document is created.
Relevant law: NJ Rev Stat §26:2H-56
How long is your New Jersey health care proxy effective?
Unless you include an expiration date, your health care proxy remains in effect until you pass away or until it’s revoked.
Relevant law: NJ Rev Stat §26:2H-58
How to Revoke A New Jersey Health Care Proxy
In New Jersey, you can revoke your health care proxy at any time with one of the following actions:
- Complete a power of attorney revocation form
- Notify your doctor or another health care professional
- Create another proxy with different terms
- Take any other action that evidences intent to revoke
In addition, if your spouse or partner is your agent, getting a divorce or legal separation automatically revokes their authority as your agent unless you specify otherwise in the proxy.
No matter which method you choose, make sure to inform your agent and any treating healthcare providers of the revocation.
Relevant law: NJ Rev Stat §26: 2H-57
