Living Wills and Advance Directives in New Jersey

Under New Jersey's Advance Directives for Health Care Act, an 'instruction directive' (living will) states the person's wishes about health care. Any advance directive must be signed and dated by the person (or at their direction) either in the presence of two adult witnesses, who attest that the person is of sound mind and free of duress and undue influence, or acknowledged before a notary public, attorney or other person authorized to give oaths. A designated health care representative cannot be a witness. It may be supplemented with a video or audio recording, and a woman may state what effect it should have if she is pregnant.

New Jersey calls it a 'proxy directive,' which names an adult with mental capacity as the 'health care representative' to make health care decisions. It is signed under the same rules as any advance directive: two adult witnesses (the representative cannot be one) or acknowledgment before a notary public, attorney or other officer authorized to give oaths.