New Jersey Health Care Proxy Directive (DHCPOA) is legally recognized document, which may have important consequences for your future health care
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New Jersey Proxy Directive (durable power of attorney for health care) enables a person to name their health care agent to make health-care decisions for him if he become incapable of making his own decisions |
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You have the right to make decisions about your health care. No health care may be given to you over your objection, and necessary health care may not be stopped or withheld if you object.
According to New Jersey law, an individual of sound mind who is 18 years of age or older may execute at any time a legal document governing the initiation, continuation, withholding or withdrawal of life sustaining treatment. There are several documents known as Advance Health Care directives in New Jersey. One of them is Health Care Proxy (same as Durable Power of attorney for health care), where you name a trusted agent to make health care decisions for you if you are unable to do it yourself. Because your health care providers in some cases may not have had the opportunity to establish a long-term relationship with you, they are often unfamiliar with your beliefs and values and the details of your family relationships. This poses a problem if you become physically or mentally unable to make decisions about your health care. In order to avoid this problem, you may sign this Proxy Directive to specify the person whom you want to make health care decisions for you if you are unable to make those decisions personally. That person is known as your health care agent. You should take some time to discuss your thoughts and beliefs about medical treatment with the person or persons whom you have specified. You may state in this New Jersey Durable Power of Attorney for Health Care (Proxy Directive) any types of health care that you do or do not desire and you may limit the authority of your health care agent. If your health care agent is unaware of your desires with respect to a particular health care decision, he or she is required to determine what would be in your best interests in making the decision. The Durable Power of Attorney for Health Care is an important legal document. It gives your agent broad powers to make health care decisions for you. If you wish to change your power of attorney for health care, you may revoke this document at any time by destroying it, by directing another person to destroy it in your presence, by signing a written and dated statement or by stating that it is revoked in the presence of two witnesses. If you revoke a previously given power of attorney, you should notify your agent, your health care providers and any other person to whom you have given a copy. If your agent is your spouse and your marriage is annulled or you are divorced after signing this document, the document is invalid. You may also use New Jersey Durable Power of Attorney for Health Care to authorize your attorney in fact to make an anatomical gift upon your death. Do not sign this document unless you clearly understand it. It is suggested that you keep the original of this document on file with your physician and family members. This durable power of attorney for health care shall take effect in the event you become unable to make your own health care decisions, as determined by the physician who has primary responsibility for your care, and any necessary confirming determinations. THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS SIGNED IN THE PRESENCE OF TWO COMPETENT ADULT WITNESSES. THE FOLLOWING PERSONS MAY NOT ACT AS ONE OF THE WITNESSES: (1) the person designated by the Principal as your agent;(2) a person related to the Principal by blood or marriage; (3) a person entitled to any part of the Principal’s estate after the Principal’s death under a will or codicil executed by the Principal or by operation of law; (4) the Principal’s attending physician; (5) an employee of the Principal’s attending physician; (6) an employee of a health care facility in which the Principal is a patient if the employee is providing direct patient care to the Principal or is an officer, director, partner, or business office employee of the health care facility or of any parent organization of the health care facility; or (7) a person who, at the time this power of attorney is executed, has a claim against any part of the Principal’s estate after his or her death. A Principal may revoke a New Jersey Durable Power of Attorney for Health Care (Proxy Directive) at any time. |
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