What Are Advance Directives and Do I Need Them?
Estate planning is an important process for adults of all ages in New Jersey, regardless of health and socioeconomic background. There are various documents that are important to consider as part of your individual estate planning process, including documents known as “advance directives.” In short, these are legal documents that allow you to make important decisions about your future health care in the event that you become incapacitated and unable to express those decisions. There are two major types of advance directives that are recognized in New Jersey, and everyone should have both of them. Our Summit estate planning attorneys can provide you with more information, and we can begin working with you today on your advance directives.
What is an Advance Directive?
An advance directive is a legal document through which you can express decisions now about future health care issues. These documents are created so that people can ensure their health care wishes are met even if they cannot voice their decisions themselves anymore. In New Jersey, there are two types of advance directives:
- Proxy Directive (also known as a Durable Power of Attorney for Health Care); and
- Instructive Directive (also known as a Living Will).
Most states in the country have advance directives, but they are governed by state law. Accordingly, you will need to understand how New Jersey law treats advance directives in order to ensure that yours are valid and enforceable. It is important to have both documents in place.
Understanding Proxy Directives and Instructive Directives
With a Proxy Directive, you are able to designate a health care representative to make health care decisions on your behalf if you cannot do so for yourself. New Jersey law allows you to designate a health care representative, as well as alternate representatives in the event that the originally designated party cannot fulfill their duties. These documents are often known as a “health care power of attorney” because they involve you naming another person as an agent to act on your behalf for health care decisions. Proxy Directives are “springing,” which means they only take effect once you have a physical or mental incapacity that makes it impossible for you to make your own health care decision.
An Instructive Directive, or a Living Will, is a document through which you can clarify your wishes concerning future health care and life-sustaining measures. There are a number of important future health care decisions that you can make through a Living Will, including directing your health care team to supply or withhold life-sustaining measures or treatment in the event of an incurable or irreversible condition.
Contact a New Jersey Estate Planning Lawyer
Whether you are just beginning to think about estate planning or only have limited estate planning documents in place thus far, it is extremely important to have advance directives. While nobody likes to imagine the possibility of becoming incapacitated in the future, unexpected and tragic events can occur, and advance directives can provide peace of mind. One of the experienced Summit estate planning lawyers at Dempsey, Dempsey & Sheehan can speak with you today about creating a Proxy Directive and an Instructive Directive. Contact us for more information about how we can assist you.
Sources:
nj.gov/health/advancedirective/documents/proxy_directive.pdf
nj.gov/health/advancedirective/documents/instruction_directive.pdf
