Though making plans for incapacitation and/or end-of-life care is something most of us would rather not think about, doing so can give you and your family much-needed peace of mind when the time comes. One way to do this is through creating what’s known as an advance healthcare directive. To learn more, or if you’re considering creating one, contact an advance healthcare directive lawyer from The Law Offices of Colin M. Quinn today.
Do I Need a Lawyer to Create an Advance Healthcare Directive?
Though you can technically create one without an attorney, this is never advisable. After all, these documents determine the type of care you will, or will not receive at the end of your life. A knowledgeable Bergen County estate planning lawyer can ensure your directive is valid, enforceable, and clearly reflects your wishes so your family won’t have to make those tough decisions on their own.
What Can I Include In an Advance Healthcare Directive?
You can include a variety of terms and provisions in your advance healthcare directive, including the following:
- Choice of Healthcare Representative: Nominate a trusted person to make healthcare decisions on your behalf should you become incapacitated.
- Treatment Preferences: Outline your preferences for medical treatment, including surgeries, life-sustaining treatments (like artificial hydration and ventilation), and pain management.
- End-of-Life Care: Specify your wishes concerning end-of-life care, including whether you wish to receive life-sustaining treatments if you are in a persistent vegetative state or terminally ill with no expectation of recovery.
- Organ and Tissue Donation: Indicate if you want to donate your organs and tissues after death.
- Instructions for After Death: Instructions concerning the disposal of your remains and any funeral arrangements.
- Living Will Provisions: Incorporate any specific instructions that relate to your health care philosophy and preferences.
What Makes an Advance Healthcare Directive Valid and Enforceable?
For an advance healthcare directive to be considered valid and enforceable in New Jersey, it will have to meet the following criteria:
- The directive must be in writing, clearly expressing the individual’s desires regarding their healthcare decisions.
- The document must be signed by the declarant or by another person in the declarant’s presence and at the declarant’s express direction.
- The directive must be signed in the presence of two adult witnesses who affirm that the declarant appears to understand the nature of the document and is free from duress or undue influence at the time of signing. Alternatively, it can be notarized.
- The individual creating the directive must be of sound mind and capable of making and communicating healthcare decisions at the time the directive is executed.
- The execution of the directive must be a voluntary act by the declarant.
Contact a Bergen County Estate Planning Lawyer
If you have further questions about advance healthcare directives or you’d like to meet with a lawyer to discuss yours, please don’t hesitate to contact The Law Offices of Colin M. Quinn for an initial consultation today.
