Medical Power of Attorney in New Jersey

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.

An advance directive (naming a health care representative and/or giving instructions) is signed and dated by the person (or by someone at their direction) either in front of 2 adult witnesses, who attest the person is of sound mind and not under pressure, or before a notary public, attorney or other person authorized to give oaths. The named health care representative cannot be a witness. It may be supplemented with a video or audio recording.

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.

For health care, the New Jersey Department of Health offers two advance directive forms developed by the New Jersey Commission on Legal and Ethical Problems in the Delivery of Health Care: a Proxy Directive (durable power of attorney for health care) and an Instruction Directive (living will). You can complete an advance directive without a lawyer. Sign and date it in front of two adult witnesses who also sign and date it, or have it notarized instead of using witnesses. The person you appoint as your health care representative cannot be a witness.