A LEGAL GUIDE ON LIVING WILLS
The information below describes your legal rights concerning health care decisions and living wills. It explains your legal right to make decisions about your health care under New Jersey law, and it tells you how to plan for your health care if you become unable to decide for yourself because of an illness or accident.
16. Should I discuss my wishes with my healthcare representative and others?
Absolutely! Your healthcare representative is the person who speaks for you when you can’t speak for yourself. He or she must have a clear sense of your feelings, attitudes, and healthcare preferences. You should also discuss your wishes with your physician, family members, and family friends who will be involved in caring for you.
17. Does my healthcare representative have the authority to make all healthcare decisions for me?
It is up to you to say what your healthcare representative can and cannot decide. You may wish to give him or her broad authority to make all treatment decisions including decisions to forego life-sustaining measures. On the other hand, you may wish to restrict the authority to specific treatments or circumstances. Your representative has to respect these limitations.
18. Is my doctor obligated to talk to my healthcare representative?
Yes. Your healthcare representative has the legal authority to make medical decisions on your behalf, and consultations with your doctor. Your doctor is legally obligated to consult with your chosen representative and to respect his or her decision as if it were your own decision.
19. Is my healthcare representative the only person who can speak for me, or can other family members or friends participate in making treatment decisions?
It is generally advisable for your healthcare representative to consult with family members or others in making decisions, and if you wish you can direct that he or she should do so. It should be understood by everyone, however, that your healthcare representative is the only person with the legal authority to make decisions about your health care even if others disagree.
20. If I want to give specific instructions about my medical care, what should I say?
If you have any special concerns about particular treatments you should clearly express them in your living will. If you feel that there are medical conditions that would lead you to decide to forego all medical treatment and accept an earlier death, this should be indicated in your directive.
21. Are there particular medical treatments that I should specifically mention in my living will?
It is a good idea to indicate your specific preferences concerning two specific kinds of life-sustaining measures: artificially provided fluids and nutrition and cardiopulmonary resuscitation. Stating your preferences clearly concerning the two treatments will be of considerable help in avoiding uncertainty, disagreements, or confusion about your wishes.
22. Can I request that all measures be taken to sustain my life?
Yes. You should make this choice clear in your living will. It is important to emphasize that a living will be used to request medical treatments as well as to refuse unwanted ones.
23. Does my doctor have to carry out my wishes as stated in my living will?
If your medical treatment preferences are made clear then your doctor is legally obligated to implement your wishes, unless doing this would violate his or her conscience or accepted medical practice. If your doctor is unwilling to honor your wishes he or she must assist in transferring you to the care of another doctor.
24. Can I revoke my living will at any time?
Yes. You can revoke your living will at any time, regardless of your physical or mental condition. This can be done in writing, orally, or by any action which indicates that you no longer want the living will to be valid.
25. Who should have copies of my living will?
A copy should be given to the person that you have named as your healthcare representative, as well as your family, your doctor, and others who are important to you. If you enter a hospital, nursing home, or hospice then a copy of your living will should be provided so that it can be made part of your medical records.
26. Can I be required to have a living will as a condition of my insurance coverage?
No. You can’t be required to complete a living will as a condition for obtaining a life or health insurance policy. Also, having or not having an advance directive does not affect your current health or life insurance coverage, or health benefits.
27. Can I use my living will to make an organ donation upon my death?
Yes. Your living will should state your wishes regarding organ donation. For further information regarding organ donations, you should contact either an organ procurement agency or your local hospital.
28. Will another state honor my living will?
Your living will likely document will be honored in another state, but this is not guaranteed.
29. What if already have a living will?
You may want to review your existing living and make sure it reflects your wishes.
30. Do I need an attorney or doctor to write one?
As with any important document especially one of this nature, getting experienced professional legal advice is always recommended. Therefore, you should not be cheap and try to use a cheap internet form. Moreover, the living will forms that are typically handed out by hospitals and doctors are often woefully inadequate.
