Living Wills and Advance Directive NJ
Compiled By KENNETH A. VERCAMMEN
A Living Will is your written expression of how
you want to be treated in certain medical conditions. Depending on state law,
this document may permit you to express whether or not you wish to be given
life-sustaining treatments in the event you are terminally ill or injured, to
decide in advance whether you wish to be provided food and water via
intravenous devices ("tube feeding"), and to give other medical directions
that impact the end of life. "Life-sustaining treatment" means the
use of available medical machinery and techniques, such as heart-lung machines,
ventilators, and other medical equipment and techniques that will sustain and
possibly extend your life, but which will not by themselves cure your
condition. In addition to terminal illness or injury situations, most states
permit you to express your preferences as to treatment using life-sustaining
equipment and/or tube feeding for medical conditions that leave you permanently
unconscious and without detectable brain activity.
A Living Will applies in situations where the
decision to use such treatments may prolong your life for a limited period of
time and not obtaining such treatment would result in your death. It does not
mean that medical professionals would deny you pain medications and other
treatments that would relieve pain or otherwise make you more comfortable. Living
Wills do not determine your medical treatment in situations that do not affect
your continued life, such as routine medical treatment and non life-threatening
medical conditions. In all states the determination as to whether or not you
are in such a medical condition is determined by medical professionals, usually
your attending physician and at least one other medical doctor who has examined
you and/or reviewed your medical situation. Most states permit you to include
other medical directions that you wish your physicians to be aware of regarding
the types of treatment you do or do not wish to receive.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053
Woodbridge Ave.
Edison, NJ
08817
(Phone)
732-572-0500
All States have declared that competent adults
have the fundamental right in collaboration with their health care providers,
to control decisions about their own health care. States recognize in their law
and public policy, the personal right of the individual patient to make
voluntary, informed choices to accept, to reject or to choose among alternative
courses of medical and surgical treatment.
WHY LIVING WILLS
Modern advances in science and medicine have
made possible the prolongation of the lives of many seriously ill individuals,
without always offering realistic prospects for improvement or cure. For some
individuals the possibility of extended life is experienced as meaningful and
of benefit. For others, artificial prolongation of life may seem to provide
nothing medically necessary or beneficial, serving only to extend suffering and
prolong the dying process. States recognize the inherent dignity and value of
human life and within this context recognize the fundamental right of
individuals to make health care decisions to have life-prolonging medical or
surgical means or procedures provided, withheld, or withdrawn.
States recognize the right of competent adults
to plan ahead for health care decisions through the execution of advance
directives, such as Living Wills and durable powers of attorney, and to have
their wishes respected, subject to certain limitations.
PURPOSE OF LIVING WILLS
In order to assure respect for patients
previously expressed wishes when the capacity to participate actively in
decision making has been lost or impaired; to facilitate and encourage a sound
decision making process in which patients, health care representatives,
families, physicians, and other health care professionals are active
participants; to properly consider patients interests both in self-determination
and in well-being; and to provide necessary and appropriate safeguards
concerning the termination of life-sustaining treatment for incompetent
patients as the law and public policy of this State, the Legislatures have
enacted Living Will/ Advance Directives for Health Care Acts.
REQUIREMENTS OF STATUTE
The advance directive for health care (Living
Will) requires a writing executed in accordance with the requirements of the
state law. It must be either signed and dated in front of an attorney at law or
other person authorized to administer oaths, or in the presence of two
subscribing adult witnesses. If the two adult witnesses are used, they both
must attest that the declarant is of sound mind and not under undue influence.
A designated health care representative shall not act as a witness to the
execution of the advance directive. Since this is a legal document, it must be
executed properly to be valid under the statute.
HEALTH CARE REPRESENTATIVE
The declarant must designate one or more alternative health care
representatives. "Health care representative" means the person
designated by you under the Living Will for the purpose of making health care
decisions on your behalf.
WHEN DOES THE ADVANCE
DIRECTIVE BECOME
OPERATIVE
An advance directive becomes operative when (1) it is transmitted to the
attending physician or to the health care institution, and (2) it is determined
pursuant to the Act that the patient lacks capacity to make a particular health
care decision.
Treatment decisions pursuant to an advance directive
shall not be made and implemented until there has been a reasonable opportunity
to establish and where appropriate confirm, a reliable diagnosis for the
patient which shall include the attending physicians opinion concerning the
nature, cause, extent, and probable duration of the patients incapacity, and
shall be made a part of the patients medical records. For additional
information or to have a "Living Will" prepared, see your attorney.
In addition, be certain your Last Will and testament is up to date.
THE LIVING WILL:
Planning Ahead For Your Health Care:
KENNETH A. VERCAMMEN
Attorney at Law
2053 Woodbridge Ave.
Edison, NJ 08817
Abstracted from NJ Commission on Legal & Ethical Problems in the
Delivery of Health Care
732-572-0500 Legislative Study Commission Brochure
1. Introduction
2. Questions and Answers
3. Terms You Should
4. Understand
1. Introduction:
As Americans, we take it for granted that we are
entitled to make decisions about our own health care. Most of the time we make
these decisions after talking with our own physician about the advantages and
disadvantages of various treatment options. The right of a competent individual
to accept or refuse medical treatment is a fundamental right now fully protected
by law.
But what happens if serious illness, injury or
permanent loss of mental capacity makes us incapable of talking to a doctor and
deciding what medical treatments we do or do not want? These situations pose
difficult questions to all of us as patients, family members, friends and
health care professionals. Who makes these decisions if we cant make them for
ourselves? If we can’t make our preferences known how can we make sure that our
wishes will be respected? If disagreements arise among those caring for us
about different treatment alternatives how will they be resolved? Is there a
way to alleviate the burdens shouldered by family members and loved ones when
critical medical decisions must be made?
Living Will:
By using documents known as advance directives
for health care, you can answer some of these questions and give yourself the
security of knowing that you can continue to have a say in your own treatment.
A properly prepared Living Will permits you to plan ahead so you can both make
your wishes known, and select someone who will see to it that your wishes are
followed.
After all, if you are seriously ill or injured and cant make decisions for
yourself someone will have to decide about your medical care. Doesn’t it make
sense to
•Have a person you trust make decisions for you,
•Provide instructions about the treatment you do and do not want, or
•Both appoint a person to make decisions and provide them with
instructions.
A Few Definitions
Throughout this booklet there are four phrases.
Each of these phrases has a special meaning when it comes to allowing you to
make decisions about your future health care.
• Advance directive-If you want your wishes to
guide those responsible for your care you have to plan for what you want in
advance. Generally such planning is more likely to be effective if it’s done in
writing. So, by an "advance directive" we mean any written directions
you prepare in advance to say what kind of medical care you want in the event
you become unable to make decisions for yourself.
1. Proxy directives - One way to have a say in
your future medical care is to designate a person (a proxy) you trust and give
that person the legal authority to decide for you if you are unable to make
decisions for yourself. Your chosen proxy (known as a health care
representative) serves as your substitute, "standing in" for you in
discussions with your physician and others responsible for your care. So, by a
proxy directive we mean written directions that name a "proxy" to act
for you. Another term some people use for a proxy directive is a "durable
power of attorney for health care.”
2. Instruction directives - Another way to have a say in your future
medical care is to provide those responsible for your care with a statement of
your medical treatment preferences. By "instruction directive" we
mean written directions that spell out in advance what medical treatments you
wish to accept or refuse and the circumstances in which you want your wishes
implemented. These instructions then serve as a guide to those responsible for
your care. Another term some people use for an instruction directive is a
"Living Will.”
3. Combined directives - A third way combines features of both the proxy
and the instruction directive. You may prefer to give both written
instructions, and to designate a health care representative or proxy to see
that your instructions are carried out.
2. Questions and Answers
1. Why should I consider
writing an advance directive/ Living Will?
Serious injury, illness or mental incapacity may make it impossible for you
to make health care decisions for yourself. In these situations, those
responsible for your care will have to make decisions for you. Advance
directives are legal documents which provide information about your treatment preferences
to those caring for you, helping to insure that your wishes are respected even
when you cant make decisions yourself A clearly written and legally prepared
directive helps prevent disagreements among those close to you and alleviates
some of the burdens of decision making which are often experienced by family
members, friends and health care providers.
2. When does my advance
directive take effect?
Your directive takes effect when you no longer have the ability to make
decisions about your health care. This judgment is normally made by your
attending physician, and any additional physicians who may be required by law
to examine you. If there is any doubt about your ability to make such
decisions, your doctor will consult with another doctor with training and
experience in this area Together they will decide if you are unable to make
your own health care decisions.
3. What happens if I regain
the ability to make my own decisions?
If you regain your ability to make decisions, then you resume making your
own decisions directly. Your directive is in effect only as long as you are
unable to make your own decisions.
4. Are there particular
treatments I should specifically mention in my directive?
It is a good idea to indicate your specific preferences concerning two
specific kinds of life sustaining measures:
1. Artificially provided fluids and nutrition; and
2. Cardiopulmonary resuscitation.
Stating your preferences clearly concerning
these two treatments will be of considerable help in avoiding uncertainty,
disagreements or confusion about your wishes. The enclosed forms provide a
space for you to state specific directions concerning your wishes with respect
to these two forms of treatment.
Fluids and Nutrition. I request that
artificially provided fluids and nutrition, such as by feeding tube or
intravenous infusion (initial one)
1. ______ shall be withheld or withdrawn as "Life Sustaining
Treatment."
2. ______ shall be provided to the extent medically appropriate even if
other "Life Sustaining Treatment" is withheld or withdrawn.
Directive as to Medical Treatment. I request that "Life Sustaining
Treatment" be withheld or withdrawn from me in each of the following
circumstances: (Initial all that apply)
1. ______ If the "life sustaining treatment" is experimental and
not a proven therapy, or is likely to be ineffective or futile in prolonging my
life, or is likely to merely prolong an imminent dying process;
2. ______ If I am permanently unconscious (total and irreversible loss of
consciousness and capacity for interaction with the environment);
3. ______ If I am in a terminal condition (terminal stage of an
irreversibly fatal illness, disease, or condition); or
4. ______ If I have a serious irreversible illness or condition, and the
likely risks and burdens associated with the medical intervention to be
withheld or withdrawn outweigh the likely benefits to me from such
intervention.
5. ______ None of the above. I direct that all medically appropriate
measures be provided to sustain my life, regardless of my physical or mental
condition.
5. What is the advantage of having a health care representative, isn’t it
enough to have an instruction directive?
Your doctor and other health care professionals
are legally obligated to consider your expressed wishes as stated in your
instruction directive or "Living Will.” However, instances may occur in
which medical circumstances arise or treatments are proposed that you may not
have thought about when you wrote your directive. If this happens your health
care representative has the authority to participate in discussions with your
health care providers and to make treatment decisions for you in accordance
with what he or she knows of your wishes. Your health care representative will
also be able to make decisions as your medical condition changes, in accordance
with your wishes and best interests.
6. If I decide to appoint a health care
representative, who should I trust with this task?
The person you choose to be your health care
representative has the legal right to accept or refuse medical treatment
(including life-sustaining measures) on your behalf and to assure that your
wishes concerning your medical treatment are carried out. You should choose a
person who knows you well, and who is familiar with your feelings about
different types of medical treatment and the conditions under which you would
choose to accept or refuse either a specific treatment or all treatment.
A health care representative must understand
that his or her responsibility is to implement your wishes even if your
representative or others might disagree with them. So it is important to select
someone in whose judgment you have confidence. People that you might consider
asking to be your health care representative include:
• a member of your family or a very close friend, your priest, rabbi, or
minister, or
• a trusted health care provider, but your attending physician cannot serve
as both your physician and your health care representative.
7. Should I discuss my wishes with my health
care representative and others?
Absolutely! Your health care representative is the person who speaks for
you when you cant speak for yourself. It is very important that he or she has a
clear sense of your feelings, attitudes and health care preferences. You should
also discuss your wishes with your physician, family members and others who
will be involved in caring for you.
8. Does my health care representative have the
authority to make all health care decisions for me?
It is up to you to say what your health care 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.
9. Is my doctor obligated to talk to my health
care representative?
Yes. Your health care representative has the legal authority to make
medical decisions on your behalf, in consultation 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 decision.
10. Is my health care representative the only
person who can speak for me, or can other friends or family members participate
in making treatment decisions?
It is generally a good idea for your health care representative to consult
with family members or others in making decisions, and if you wish you can
direct that he or she do so. It should be understood by everyone, however, that
your health care representative is the only person with the legal authority to
make decisions about your health care even if others disagree.
11. Can I request all measures be taken to
sustain my life?
Yes. You should make this choice clear in your advance directive. Remember,
a directive can be used to request medical treatments as well as to refuse
unwanted ones.
12. Does my doctor have to carry out my wishes
as stated in my instruction directive?
If your treatment preferences are clear 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.
13. Can I make changes in my directive?
Yes. An advance directive can be updated or modified in whole or in part,
at any time, by a legally competent individual. You should update your
directive whenever you feel it no longer accurately reflects your wishes. It is
a good idea to review your directive on a regular basis, perhaps every 5 years.
Each time you review the directive, indicate the date on the form itself and
have someone witness the changes you make. If you make a lot of changes, you
may want to write a new directive. Remember to notify all those important to
you of any changes you make.
14. Can I revoke my directive at any time?
Yes. You can revoke your directive 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 directive to be in effect.
15. Who should have copies of my advance
directive?
A copy should be given to the person that you have named as your health
care representative, as well as to your family, your doctor, and others who are
important to you. If you enter a hospital, nursing home, or hospice, a copy of
your advance directive should be provided so that it can be made part of your
medical records. The back cover of this brochure contains a wallet size card
you can complete and carry with you to tell others that you have an advance
directive.
16. Can I use my advance directive to make an
organ donation upon my death?
Yes. You may state your wishes regarding organ donation. Also you may want
to place an organ donor card in your wallet to alert medical personnel. Any
card will do. If you decide to make a gift of your organs upon your death
please complete the card and carry it with you at all times. For further
information regarding organ donation you should contact either an organ
procurement agency or your local hospital.
3. Terms You Should Understand
1. Artificially provided fluids and nutrition:
The provision of food and water to seriously ill patients who are unable or
unwilling to eat. Depending on the method used, such as insertion of a feeding
tube or an intravenous line, and the condition of the patient, techniques may
involve minor surgery, continuous supervision by medical (and sometimes surgical)
personnel, risk of injury or infection, and side effects.
2. C a r d i o p u l m o n a r y Resuscitation (CPR):
A treatment administered by health care professionals when a person’s
heartbeat and breathing stops. CPR may restore functioning if administered
properly and in a timely fashion and may include the use of mechanical devices
and/or drugs.
3. Life-sustaining measures:
Any medical procedure, device, artificially provided fluids and nutrition,
drugs, surgery, or therapy that uses mechanical or other artificial means to
sustain, restore or supplant a vital bodily function. thereby prolonging the
life of a patient.
4. Decision making capacity:
A patient’s ability to understand the benefits and risks of a proposed
medical treatment and its alternatives and to reach an informed decision.
5. Health care representative or health care
proxy:
In the event an individual loses decision-making capacity, a health care
representative or proxy is a person who has been legally designated to make
decisions on his or her behalf. A health care representative is appointed
through the execution of a proxy directive (a durable power of attorney for
health care).
6. Terminal condition :
The terminal stage of an irreversibly fatal illness, disease, or condition.
While determination of a specific "life expectancy" is not required
for a diagnosis of a "terminal condition a prognosis of a life expectancy
of one year or less, with or without the provision of life-sustaining
treatment, is generally considered terminal.
7. P e r m a n e n t unconsciousness:
A medical condition defined as total and irreversible loss of
consciousness. The term "permanently unconscious" includes the
conditions persistent vegetative state and irreversible coma Patients in this
condition cannot interact with their surroundings or others in any way and do
not experience pleasure or pain.
8. Persistent vegetative state:
A condition of permanent unconsciousness in which the patient loses all
capacity for interaction with their environment or other people. It is usually
caused by an injury to the brain. It is normally not regarded as a terminal
condition and with the aid of medical care and artificial fluids and nutrition
patients can survive for many years.
9. Incurable and irreversible chronic diseases:
Disabling diseases such as Alzheimers disease, organic brain syndrome or
other diseases, which get progressively worse over time, eventually resulting
in death. Depending on the disease, the patient may also experience partial or
complete loss of physical and mental abilities. Because the rate at which these
diseases advance may be slow, such diseases are not considered terminal in
their early stages.
10. Whole brain death:
Death due to total and irreversible loss of all functions of the entire
brain, including the brain stem. The criteria of whole brain death must be used
to accurately determine death in individuals who have suffered massive or total
brain damage but whose heart and lungs are kept functioning by machines. Brain
dead individuals are not vegetative or in a coma. but are, in fact, dead.
11. Attending physician :
The doctor directly responsible for your medical treatment. He or she may
or may not be your regular family physician. Depending on your health care
needs the attending physician may consult with others in order to diagnose and
treat your medical condition, but he or she remains directly responsible for
your care.
Frequently Asked Questions
1.
Can my healthcare representative make decisions for me if
I am still able to make my own decisions?
Answer: No, your healthcare representative can only make decisions for you if your physician has evaluated you and determined that you are unable to understand your diagnosis, treatment options or the possible benefits and harms of the treatment options.
Answer: No, your healthcare representative can only make decisions for you if your physician has evaluated you and determined that you are unable to understand your diagnosis, treatment options or the possible benefits and harms of the treatment options.
2.
Can having an advance directive affect my life insurance,
health insurance or the benefits I receive from a governmental benefits program?
Answer: No.
Answer: No.
3.
Can my life insurance company, health insurance company,
physician, hospital, nursing home or any other healthcare facility require me
to have an advance directive?
Answer: No.
Answer: No.
4.
Does New Jersey recognize an advance directive that is
valid in another state?
Answer: Yes.
Answer: Yes.
5.
What is the definition of "life-sustaining
treatment"?
Answer: Life sustaining treatment is any medical device or procedure that increases your life expectancy by restoring or taking over a vital bodily function. The medical device or procedure can be a drug, ventilator (breathing machine), surgery, therapy or artificially provided fluids and nutrition.
Answer: Life sustaining treatment is any medical device or procedure that increases your life expectancy by restoring or taking over a vital bodily function. The medical device or procedure can be a drug, ventilator (breathing machine), surgery, therapy or artificially provided fluids and nutrition.
6.
What is the definition of “permanently unconscious"?
Answer: Permanently unconscious means you have permanently lost the ability to interact with your environment and are completely unaware of your surroundings.
Answer: Permanently unconscious means you have permanently lost the ability to interact with your environment and are completely unaware of your surroundings.
7.
What is the definition of "terminal condition"?
Answer: Terminal condition means the final stage of a fatal illness, disease or condition. To be in a terminal condition you do not have to be diagnosed as having less than a certain amount of time to live (e.g., six months or less).
Answer: Terminal condition means the final stage of a fatal illness, disease or condition. To be in a terminal condition you do not have to be diagnosed as having less than a certain amount of time to live (e.g., six months or less).
8.
What happens if I regain the ability to make my own
decisions?
Answer: In that case, your physician must obtain your consent for all treatment. Once you have the ability to make healthcare decisions your healthcare representative will no longer have the authority to make decisions for you.
Answer: In that case, your physician must obtain your consent for all treatment. Once you have the ability to make healthcare decisions your healthcare representative will no longer have the authority to make decisions for you.
9.
Who should have a copy of my advance directive?
Answer: You should give a copy to your primary healthcare representative, alternate healthcare representative(s), family members and physicians. If you are treated at a hospital or enter a nursing home you should also provide a copy when you are admitted.
Answer: You should give a copy to your primary healthcare representative, alternate healthcare representative(s), family members and physicians. If you are treated at a hospital or enter a nursing home you should also provide a copy when you are admitted.
Completing an Advance Directive
1. Do I need a lawyer to complete an advance directive?
Answer: No, you can complete an advance directive on your own.
Answer: No, you can complete an advance directive on your own.
2. Does
my advance directive have to be notarized?
Answer: No.
Answer: No.
3. Do I need a witness when I sign my advance directive?
Answer: You can choose to get your advance directive notarized, in which case you don't need additional witnesses. Or you can choose to sign and date your advance directive in front of two adult witnesses who must also sign and date the document.
Answer: You can choose to get your advance directive notarized, in which case you don't need additional witnesses. Or you can choose to sign and date your advance directive in front of two adult witnesses who must also sign and date the document.
4. What
does it mean for someone to sign my advance directive as a witness?
Answer: As a witness the person is stating that you voluntarily signed your advance directive.
Answer: As a witness the person is stating that you voluntarily signed your advance directive.
5. Is there anyone who cannot sign my advance directive as a
witness?
Answer: Yes, the person who you appoint as your healthcare representative cannot be a witness.
Answer: Yes, the person who you appoint as your healthcare representative cannot be a witness.
6. Can
I change my advance directive?
Answer: Yes, you can change your advance directive any time you want by completing a new one. You need to sign and date your new advance directive and have two witnesses sign and date it.
Answer: Yes, you can change your advance directive any time you want by completing a new one. You need to sign and date your new advance directive and have two witnesses sign and date it.
7. Can I cancel my advance directive?
Answer: Yes, you can cancel your advance directive any time you want. To cancel it you need to tell your physician, family, healthcare representative, nurse, social worker or a reliable witness that you want to cancel your advance directive. You can tell them verbally or send them a letter.
Answer: Yes, you can cancel your advance directive any time you want. To cancel it you need to tell your physician, family, healthcare representative, nurse, social worker or a reliable witness that you want to cancel your advance directive. You can tell them verbally or send them a letter.
Instruction Directives
1.
Can I have an instruction directive without having a proxy
directive?
Answer: Yes.
Answer: Yes.
2.
In what circumstance can I have life-sustaining treatment
withheld or withdrawn?
Answer: Your instruction directive can state you want life-sustaining treatment withheld or withdrawn in any of the following situations: 1) you are permanently unconscious, 2) you are in a terminal condition, 3) the life-sustaining treatment would likely only prolong an imminent death, 4) the life-sustaining treatment would likely be ineffective or 5) you have a serious irreversible condition and the life-sustaining treatment would likely be more harmful than beneficial.
Answer: Your instruction directive can state you want life-sustaining treatment withheld or withdrawn in any of the following situations: 1) you are permanently unconscious, 2) you are in a terminal condition, 3) the life-sustaining treatment would likely only prolong an imminent death, 4) the life-sustaining treatment would likely be ineffective or 5) you have a serious irreversible condition and the life-sustaining treatment would likely be more harmful than beneficial.
3.
Why is it important to have an instruction directive?
Answer: You may become unable to make your own healthcare decisions because of a serious injury, illness or disease. By having an instruction directive your family and physician will know the situations in which you would want or not want to have life-sustaining treatment. And by including a statement about your beliefs, values and general preferences for care and treatment, your physician and family will know what you would want in situations that are not specifically covered by your instruction directive. An instruction directive will also prevent conflicts among your family, physician or other healthcare providers that can occur when a patient's treatment preferences are unknown.
Answer: You may become unable to make your own healthcare decisions because of a serious injury, illness or disease. By having an instruction directive your family and physician will know the situations in which you would want or not want to have life-sustaining treatment. And by including a statement about your beliefs, values and general preferences for care and treatment, your physician and family will know what you would want in situations that are not specifically covered by your instruction directive. An instruction directive will also prevent conflicts among your family, physician or other healthcare providers that can occur when a patient's treatment preferences are unknown.
Proxy Directives
1.
Can my healthcare representative make decisions for me if
I am still able to make my own decisions?
Answer: No, your healthcare representative can only make decisions for you if your physician has evaluated you and determined that you are unable to understand your diagnosis, treatment options or the possible benefits and harms of the treatment options.
Answer: No, your healthcare representative can only make decisions for you if your physician has evaluated you and determined that you are unable to understand your diagnosis, treatment options or the possible benefits and harms of the treatment options.
2.
Can I have a proxy directive without having an instruction
directive?
Answer: Yes.
Answer: Yes.
3.
What authority does my healthcare representative have to
make decisions for me?
Answer: Except for any restrictions you have placed on their authority, your healthcare representative has the right to make all healthcare decisions for you, including the right to refuse medical treatment. They also have the right to review your medical records and receive from your physician all information about your condition, prognosis and treatment options as is necessary for them to make an informed decision.
Answer: Except for any restrictions you have placed on their authority, your healthcare representative has the right to make all healthcare decisions for you, including the right to refuse medical treatment. They also have the right to review your medical records and receive from your physician all information about your condition, prognosis and treatment options as is necessary for them to make an informed decision.
4.
Who can I appoint as my healthcare representative?
Answer: You can appoint your spouse/domestic partner, parent, adult child, family member, friend, religious/spiritual advisor or any other adult.
Answer: You can appoint your spouse/domestic partner, parent, adult child, family member, friend, religious/spiritual advisor or any other adult.
5.
Are there any restrictions on who I can appoint as my healthcare
representative?
Answer: Yes, you cannot appoint the following individuals as your healthcare representative: 1) your attending physician or 2) the operator, administrator or employees of a healthcare institution in which you are a patient or resident, unless they are related to you. A physician who is an operator, administrator or employee of a healthcare institution in which you are a patient or resident can be your healthcare representative only if they are not your attending physician.
Answer: Yes, you cannot appoint the following individuals as your healthcare representative: 1) your attending physician or 2) the operator, administrator or employees of a healthcare institution in which you are a patient or resident, unless they are related to you. A physician who is an operator, administrator or employee of a healthcare institution in which you are a patient or resident can be your healthcare representative only if they are not your attending physician.
6.
Can I appoint more than one person as my primary
healthcare representative?
Answer: No.
Answer: No.
7.
Can I appoint someone as an alternate healthcare
representative in case my primary healthcare representative is unavailable,
unable or unwilling to serve as my healthcare representative?
Answer: Yes, you can appoint one or more individuals as an alternate healthcare representative listed in order of priority. In the event the primary healthcare representative becomes available they would take over for the alternate.
Answer: Yes, you can appoint one or more individuals as an alternate healthcare representative listed in order of priority. In the event the primary healthcare representative becomes available they would take over for the alternate.
8.
Can I put requirements on how my healthcare representative
makes decisions?
Answer: Yes, you can require your healthcare representative to consult with the alternate healthcare representatives, specific family members, friends or anyone else you want. You can also state specific criteria upon which your healthcare representative has to base their decisions.
Answer: Yes, you can require your healthcare representative to consult with the alternate healthcare representatives, specific family members, friends or anyone else you want. You can also state specific criteria upon which your healthcare representative has to base their decisions.
9.
Can I limit the decision-making authority of my healthcare
representative?
Answer: Yes, for example you can state that your healthcare representative cannot authorize life-sustaining treatment if it would conflict with the preferences you stated in your instruction directive.
Answer: Yes, for example you can state that your healthcare representative cannot authorize life-sustaining treatment if it would conflict with the preferences you stated in your instruction directive.
10.
Can my healthcare representative be required to pay for my
medical treatment?
Answer: No, your healthcare representative cannot be required by a physician, other healthcare provider or any healthcare facility to pay for your treatment, including treatment they have authorized.
Answer: No, your healthcare representative cannot be required by a physician, other healthcare provider or any healthcare facility to pay for your treatment, including treatment they have authorized.
11.
Why is it important to have a proxy directive?
Answer: You may become unable to make your own healthcare decisions because of a serious injury, illness or disease. If you cannot make your own healthcare decisions someone will have to make them for you and without a proxy directive your physician will not know who you want that person to be. Having a proxy directive will help ensure your preferences are respected because only the person you have appointed will be able to make healthcare decisions on your behalf. Also, having a proxy directive will help prevent conflicts among your family members who may disagree on who should have the authority to make these decisions. Even if you have an instruction directive, it is important to have a proxy directive because there are many circumstances in which treatment decisions will have to be made that are not covered by your instruction directive.
Answer: You may become unable to make your own healthcare decisions because of a serious injury, illness or disease. If you cannot make your own healthcare decisions someone will have to make them for you and without a proxy directive your physician will not know who you want that person to be. Having a proxy directive will help ensure your preferences are respected because only the person you have appointed will be able to make healthcare decisions on your behalf. Also, having a proxy directive will help prevent conflicts among your family members who may disagree on who should have the authority to make these decisions. Even if you have an instruction directive, it is important to have a proxy directive because there are many circumstances in which treatment decisions will have to be made that are not covered by your instruction directive.
12.
Is my physician required to get consent from my healthcare
representative for treatment?
Answer: Yes, your physician is required to obtain informed consent for your treatment (except in emergencies), and must respect their decisions just as if the decisions were coming directly from you.
Answer: Yes, your physician is required to obtain informed consent for your treatment (except in emergencies), and must respect their decisions just as if the decisions were coming directly from you.
13.
Who should I appoint as my healthcare representative?
Answer: You should choose someone who knows your values, beliefs and preferences well enough to know what treatment decisions you would want them to make for various medical conditions. The person should be someone with good judgment and who will be a strong advocate on your behalf. They should also be someone you believe will respect your wishes even if they disagree with them, especially when it comes to your preferences about the use of life-sustaining treatment.
Answer: You should choose someone who knows your values, beliefs and preferences well enough to know what treatment decisions you would want them to make for various medical conditions. The person should be someone with good judgment and who will be a strong advocate on your behalf. They should also be someone you believe will respect your wishes even if they disagree with them, especially when it comes to your preferences about the use of life-sustaining treatment.
Source: http://www.state.nj.us/health/advancedirective/ad/forums-faqs/
Kenneth A. Vercammen is an Edison, Middlesex
County, NJ trial attorney who has published 125 articles in national and New
Jersey publications on Probate and litigation topics. He is author of the
American Bar Association’s book “Wills and Estate Administration”. He often
lectures to trial lawyers of the American Bar Association, New Jersey State Bar
Association and Middlesex County Bar Association. He is Chair of the American
Bar Association Estate Planning & Probate Committee. He is also Editor of
the ABA Elder Law Committee Newsletter
He is a highly regarded lecturer on litigation issues for the American Bar
Association, ICLE, New Jersey State Bar Association and Middlesex County Bar
Association. His articles have been published by New Jersey Law Journal, ABA
Law Practice Management Magazine, and New Jersey Lawyer. He is the Editor in
Chief of the New Jersey Municipal Court Law Review. Mr. Vercammen is a
recipient of the NJSBA- YLD Service to the Bar Award.
In his private practice, he has devoted a
substantial portion of his professional time to the preparation and trial of
litigated matters. He has appeared in Courts throughout New Jersey several
times each week on many personal injury matters, Municipal Court trials, and
contested Probate hearings.
KENNETH VERCAMMEN & ASSOCIATES, PC
Attorney at Law
2053 Woodbridge Ave.
Edison, NJ 08817
732-572-0500
