New Jersey Living Will Requirements
Based on N.J.S.A. 26:2H-53 et seq. (Advance Directives for Health Care Act)
Quick Summary
- Document type: Advance Directive for Health Care (Instruction Directive / Proxy Directive)
- 2 witnesses required
- Notarization not required (can substitute for witnesses)
Witness Requirements
New Jersey requires 2 witnesses who are present when you sign your advance directive for health care (instruction directive / proxy directive). Witnesses have the following restrictions:
Witness restrictions:
- A witness cannot be the person designated as the declarant's health care representative or alternate representative
- Witnesses must be adults (18 years of age or older)
- Witnesses must attest that the declarant is of sound mind and free of duress and undue influence
- It is recommended that witnesses not be entitled to any portion of the declarant's estate
When Your Living Will Takes Effect
Your New Jersey living will becomes effective when the following conditions are met:
Terminal Illness
A terminal condition is the terminal stage of an irreversibly fatal illness, disease, or condition. A determination of a specific life expectancy is not required as a precondition for a diagnosis of a terminal condition.
Persistent Vegetative State
Permanently unconscious means a medical condition that has been diagnosed in accordance with currently accepted medical standards and with reasonable medical certainty as total and irreversible loss of consciousness and capacity for interaction with the environment. The term includes, without limitation, a persistent vegetative state or irreversible coma.
Irreversible Condition
An irreversible condition is one that is not combatable or curable and that, in accordance with currently accepted medical standards, will result in a condition of permanent unconsciousness or the terminal stage of a fatal illness, disease, or condition.
Important Notes for New Jersey
- New Jersey follows the Advance Directives for Health Care Act (N.J.S.A. 26:2H-53 et seq.)
- The advance directive must be signed and dated by the declarant (or at the declarant's direction) in the presence of two subscribing adult witnesses who attest that the declarant is of sound mind and free of duress and undue influence
- Alternatively, the advance directive may be signed and dated by the declarant and acknowledged before a notary public, attorney at law, or other person authorized to administer oaths
- Notarization may be used as an alternative to two witnesses
- New Jersey distinguishes between an "instruction directive" (living will) and a "proxy directive" (health care representative designation); both may be combined in a single document
- An instruction directive may address any aspect of health care, including the decision to accept or refuse any treatment, service, or procedure
- The advance directive may be reaffirmed, modified, or revoked at any time by the declarant
- New Jersey uses the term "permanently unconscious" rather than "persistent vegetative state," though the definition encompasses PVS and irreversible coma
- Health care professionals who are unable or unwilling to comply with the advance directive must inform the patient, the patient's family, and the health care representative and must cooperate in the transfer of the patient
How to Revoke
You can revoke your living will at any time, regardless of your mental state, by:
- Physically destroying the document
- Creating a written revocation
- Verbally expressing your intent to revoke (in the presence of a witness)
Important: This tool provides a template for creating a living will based on your state's general requirements. It is not legal advice and does not replace consultation with a qualified attorney. For complex medical situations, blended families, or significant assets, we recommend having an attorney review your document.