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How Do You Become Someone's Health Care Proxy in New Jersey? - Christine Matus · BSPE Legal Marketing Podcast

• 0:00
  SPEAKER_00: How do you become someone's healthcare proxy in New Jersey?
• 0:03
  SPEAKER_00: When a loved one becomes too ill or injured to speak for themselves, the person they trusted most steps forward to make life-altering medical decisions on their behalf.
• 0:12
  SPEAKER_00: In New Jersey, that trusted person is called a healthcare representative, and being named one is not something you can volunteer for.
• 0:19
  SPEAKER_00: The patient must choose you in writing.
• 0:22
  SPEAKER_00: Under the New Jersey Advanced Directives for Healthcare Act, a principal must formally name you as their representative inside a written document called a proxy directive.
• 0:31
  SPEAKER_00: This document can be prepared using a New Jersey Department of Health form or a document drafted by an attorney who understands the state's specific execution requirements.
• 0:40
  SPEAKER_00: The principal must sign and date the proxy directive in front of two adult witnesses who also sign, or they must acknowledge the document before a notary public.
• 0:49
  SPEAKER_00: One important restriction protects the integrity of the process.
• 0:53
  SPEAKER_00: The person named as the health care representative cannot also serve as one of the required witnesses, and doing so makes the designation legally invalid under NJSA 26, 2H56.
• 1:04
  SPEAKER_00: Once the document is executed, copies should go to the principal's physicians, any alternate representative, and close family members, while the original is typically kept at home.
• 1:14
  SPEAKER_00: Your authority as healthcare representative does not begin immediately.
• 1:18
  SPEAKER_00: It only activates after the attending physician documents in writing that the principal can no longer make their own medical decisions.
• 1:25
  SPEAKER_00: In situations involving the withdrawal of life-sustaining treatment or incapacity caused by mental illness, New Jersey law under NJSA 26-2H60 requires confirmation of incapacity from a second physician before you may act.
• 1:39
  SPEAKER_00: If the principal later regains decision-making capacity, your authority pauses and the attending physician must once again obtain consent directly from them.
• 1:48
  SPEAKER_00: New Jersey allows a wide range of trusted individuals to serve in this role, including spouses, domestic partners, adult children, parents, close friends, and religious advisors who are at least 18 years old.
• 2:00
  SPEAKER_00: However, the principals, attending physician, and employees of the treating healthcare facility are generally prohibited from serving as the representative due to inherent conflicts of interest.
• 2:10
  SPEAKER_00: A well-crafted proxy directive also names an alternate representative, ensuring someone is always available to act quickly during a medical emergency at any facility.
• 2:20
  SPEAKER_00: Unlike a living will that sets out specific treatment instructions, the proxy directive grants your chosen representative the broad authority to navigate complex medical decisions in real time, including choices around resuscitation.
• 2:33
  SPEAKER_00: New Jersey allows both an instruction directive and a proxy directive to be combined into a single advanced directive, giving families a comprehensive and legally sound plan.
• 2:44
  SPEAKER_00: These documents are not reserved for the elderly.
• 2:46
  SPEAKER_00: Any adult can face a sudden accident or illness that strips them of the ability to communicate their own wishes.
• 2:52
  SPEAKER_00: The law firm of the Mattis Law Group helps individuals and families create legally valid proxy directives, and you can reach their team by calling 732 785 4453 at their office located at 125 Half Mile Road, Suite 200, Red Bank, New Jersey 07701 to schedule a consultation today.