A New Jersey Health Care Power of Attorney (also called a health care proxy) lets you choose someone to make critical 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 your health care and treatment decisions only if you become incapacitated.
A Health Care Power of Attorney in New Jersey can also be found under other names:
- Medical Power of Attorney (MPOA)
- Durable Power of Attorney for Health Care
- Proxy Directive
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 POA 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 are considered advance directives.
- NJ (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 Power of Attorney in New Jersey
Take these steps to make sure your form is filled out according to New Jersey requirements, as outlined in NJ Rev Stat §26:2H-53 to §26:2H-67:
Download a Health Care Power of Attorney Form
Use the printable template below as a guide for creating your own NJ Medical Power of Attorney:
Step 1: Choose an agent
Your agent 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 standard 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 if they need to decide on your healthcare that’s not explicitly addressed in your proxy.
Relevant law: NJ Rev Stat §26:2H-58
Who can’t be your agent?
New Jersey law prohibits specific 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 out 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 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 power of attorney form, your agent generally has the right to make any medical decision you would typically make.
No matter what, your agent can’t:
- Act on your behalf while you can 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 can’t make these decisions yourself.
In NJ, if you express a wish to receive life-sustaining care after you’re incapacitated, it will be followed even if your agent or your health care POA 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 a witness or notary signatures?
To make your NJ health care power of attorney 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 Health Care Power of Attorney effective in New Jersey?
Unless you include an expiration date, your Health Care Power of Attorney 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 Power of Attorney
In New Jersey, you can revoke your Health Care POA 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 MPOA 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 form.
No matter which method you choose, inform your agent and any treating healthcare providers of the revocation.
Relevant law: NJ Rev Stat §26: 2H-57