Advance Directives
An Advance Directive is a document that allows you to direct who will make health care decisions for you; and to state your wishes for treatment if you become unable to decide for yourself in the future. Your Advance Directive may be used to accept or refuse any procedure or treatment, including life-sustaining treatment.
We invite you to review and utilize the following forms, provided in English and Spanish, to aid with making your health care decisions known and provide the ability for a family member or friend to make decisions on your behalf, if need be.
Following are common questions and answers concerning Advance Directives.
Your Basic Rights
You have the right to receive an understandable explanation from your doctor of your complete medical condition, expected results, benefits and risks of the treatment recommended by your doctor, and reasonable medical alternatives. You have the right to accept or refuse any procedure or treatment used to diagnose or treat your physical or mental condition, including lifesustaining treatment.
You also have the right to control decisions about your health care in the event you become unable to make your own decisions in the future by completing an Advance Directive.
What happens if I’m unable to decide about my health care?
If you become unable to make treatment decisions, due to illness or accident, those caring for you will need to know about your values and wishes in making decisions on your behalf. That’s why it’s important to write an Advance Directive.
What is an Advance Directive?
An Advance Directive is a document that allows you to direct who will make health care decisions for you and to state your wishes for treatment if you become unable to decide for yourself in the future. Your Advance Directive may be used to accept or refuse any procedure or treatment, including life-sustaining treatment.
What types of Advance Directives can I use?
There are three kinds of Advance Directives that you can use to say what you want and who you want your doctors to listen to:
- A Proxy/Surrogate Directive (also called a “Durable Power of Attorney for Health Care”) lets you name a “health care representative,” such as a family member or friend, to make health care decisions on your behalf. The Power of Attorney activates whenever you are in an unconscious state and any health care decisions are required.
- An Instruction Directive (also called a “Living Will”) lets you state what kinds of medical treatments you would accept or reject in certain situations. A Living Will activates when it is determined that there is no reasonable hope for recovery and you are in an unconscious state.
- A Combined Directive lets you do both. It lets you name a health care representative and tells that person your treatment wishes.
Who can fill out these forms?
You can fill out an Advance Directive in New Jersey if you are 18 years of age or older and you are able to make your own decisions. You do not need a lawyer to fill it out.
Who should I talk to about Advance Directives?
You should talk to your doctor, family members, close friends, or others you trust to help you. Your doctor or a member of our staff can give you more information about how to fill out an Advance Directive.
What should I do with my Advance Directive?
You should talk to your doctor about it and give a copy to him or her. You should also give a copy to your health care representative, family member(s), or others close to you. Bring a copy with you when you must receive care from a hospital, nursing home, or other health care agency. Your Advance Directive becomes a part of your medical records.
What if I don’t have an Advance Directive?
If you become unable to make treatment decisions and you do not have an Advance Directive, your close family members will talk with your doctor and, in most cases,may then make decisions on your behalf. However, if your family members, doctor, or other caregivers disagree about your medical care, it may be necessary for a court to appoint someone as your legal guardian. (This also may be needed if you do not have a family member to make decisions on your behalf.) That’s why it’s important to put your wishes in writing to make it clear who should decide for you, and to help your family and doctor know what you want.
Will my Advance Directive be followed?
Yes. Everyone responsible for your care must respect your wishes that you have stated in your Advance Directive. However, if your doctor, nurse, or other professional has a sincere objection to respecting your wishes to refuse life-sustaining treatment, he or she may have your care transferred to another professional who will carry them out.
What if I change my mind?
You can change or revoke any of these documents at a later time.
Will I still be treated if I don’t fill out an Advance Directive?
Yes. You don’t have to fill out any forms if you don’t want to and you will still get medical treatment. Your insurance company also cannot deny coverage based on whether or not you have an Advance Directive.
What other information and resources are available to me?
Your doctor or a member of our staff can provide you with more information about our policies on Advance Directives. You also may ask for written informational materials and help. If there is a question or disagreement about your health care wishes, we have an ethics committee or other individuals who can help.
Points to remember about Advance Directives
- Include your loved ones in Advance Directives discussion and decision making.
- Your physician and health care facility representative should also be consulted.
- Inform people, such as your family, close friends, and physician, about your Advance Directive.
- If desired, you can fill out both a living will and a durable power of attorney for health care.
- A lawyer generally is not necessary for filling out an Advance Directive.
- An Advance Directive can be changed or revoked at any time.
- Advance Directives have no effect until the time when you can no longer make or communicate decisions for yourself.
- Advance Directives expand your decision-making power and your control over your care.