In New Jersey, a health care proxy is a legal document that allows an individual to appoint someone else to make health care decisions on their behalf if they are unable to do so themselves. This appointed person, known as the healthcare proxy, steps in to make medical decisions, ensuring that the individual’s health care preferences are followed when they can’t communicate their wishes directly. It’s a responsibility typically given to a trusted family member or friend who understands the individual’s desires regarding medical treatment and care.
If you’re considering becoming someone’s healthcare proxy in New Jersey, it’s crucial to understand the legal processes involved and draft a clear and legally sound health care proxy document. At The Matus Law Group, our New Jersey estate planning attorneys can help you grasp the responsibilities involved, draft the document to meet all legal requirements, and register the document properly if necessary. We are here to provide you with the assistance you need to effectively serve as a health care proxy, empowering you to make health care decisions that are both legally sound and in the best interest of your loved one. Contact us today at (732) 785-4453 to schedule a consultation.
Why Have a Health Care Proxy?
Although most of us don’t like to think about it, there may come a time when we can’t make crucial medical decisions for ourselves. You may think that your loved ones know what you would want should you ever be in this position. However, that is not always the case, especially when it comes to end-of-life matters. At a highly emotional time, making difficult decisions can overwhelm family members and lead to a lot of conflicts.
In emergency situations, care providers will take immediate measures to keep us alive, but once that emergency passes, they will look to others to make other important medical decisions. If there is nothing in place providing for this, the state will need to appoint a guardian to make these decisions on your behalf. The best way to avoid this, especially when critical decisions must be made, is to have a health care proxy in place.
What Kind of Decisions Will a Health Care Proxy Make?
While your power of attorney document can be as specific as you feel comfortable with, a health care proxy can make a wide variety of decisions on your behalf, depending on its terms. If you become incapacitated, your designated proxy can potentially decide
- What medical care and treatments you will receive, including hospital care, home care, psychiatric treatment, and other medical decisions
- Which doctors will provide that care
- Where you receive care in the way of long-term care, assisted living, and nursing home care
- Who takes care of your daily care on an ongoing basis
These are important decisions, and you will want to appoint someone whom you trust and have had these important conversations with.
How is a Healthcare Proxy Created?
The New Jersey law requires that the proxy be formally appointed in writing. In order for the healthcare proxy to be valid, the document that appoints a proxy must have a clear specification and language stating that it is going to be used for such an appointment.
Many medical powers-of-attorneys found in bookstores, discount stores, and stationery shops do not comply with the requirements of the state. This is why you should be careful about signing such documents without consulting a legal professional.
A healthcare proxy document, like an Advance Directive, must be witnessed or acknowledged by two persons before it can be administered to a Notary Public or attorney at law.
Proxy Directives should always be treated the same as other important legal documents. It is important that copies of the Proxy Directive be sent to friends, family members, and physicians. However, it is essential that the original document remains accessible at all times and that its location is known to loved ones.
Witnesses to any one of the documents mentioned above should not be related by blood, or marriage, not be eligible to receive anything from your estate or pursuant to your Will; nor should they be involved in providing your healthcare. If the designated proxy signs the document as a witness, the document will not be considered valid.
| Steps/Requirements | Details |
|---|---|
| Formal Appointment in Writing | Proxy must be formally appointed in writing with clear specification and language for such appointment. |
| Compliance with State Requirements | Document must comply with state requirements; many pre-made forms may not meet state standards, requiring consultation with a legal professional. |
| Witnessing or Acknowledgment by Two Persons | Document must be witnessed or acknowledged by two persons before it can be administered to a Notary Public or attorney at law. |
| Distribution of Copies | Copies of the Proxy Directive should be sent to friends, family members, and physicians; original document should remain accessible and its location known to loved ones. |
Does a Health Care Proxy Have to be Notarized in NJ?
In New Jersey, notarizing a health care proxy is not legally required but is recommended. A health care proxy is a formal document that lets you designate a trusted individual to make medical decisions on your behalf if you become incapacitated and unable to make those decisions yourself. For the proxy to be valid, it must be signed and dated by you.
Notarizing this document adds a level of verification and can be particularly beneficial if you travel outside of New Jersey. Different states have different standards for recognizing the validity of health care proxies, and a notarized document is more likely to be accepted universally because it provides clear evidence of your identity and the authenticity of your signature.
Moreover, notarization can help avoid potential disputes about the legitimacy of your signature or the validity of the document, ensuring there’s clear evidence of your intention to appoint your chosen agent.
To have your health care proxy notarized in New Jersey, you need to sign the document in front of a notary public. The notary will verify your identity, witness your signature, and then stamp or seal the document to confirm that you are indeed the signer.
While it’s not obligatory, choosing to notarize your health care proxy is a sensible step to make sure your health care preferences are honored, both within New Jersey and in other states. Consulting an estate planning attorney can help you navigate other legal requirements and make informed decisions.
Getting Guidance When Making A Health Care Proxy
While there are many standard templates that set out basic health care proxy responsibilities, these can be very generic.
A health care proxy can be as broad or specific as the person making it wants. Unfortunately, lack of specificity can lead to disagreements between the agent and other family members regarding important health care matters. A health care proxy must be able to coordinate with the individual making the financial decisions and there may be times when these individuals disagree.
If you are considering becoming someone else’s health care proxy, it’s important to intimately understand their wishes and the possible pitfalls you may encounter. If you are someone who has no health care proxy in place or only has a generic template POA, you may wish to provide specifics so you can have peace of mind regarding certain situations.
Getting the advice and guidance of a New Jersey estate planning attorney helps when developing a comprehensive health care proxy so these matters can be understood and provided for in advance. To speak with an experienced New Jersey estate planning attorney about these important matters, contact the Matus Law Group online or at (732) 785-4453.
Do I Need a Health Care Proxy?
Once we become adults, nobody has the right to speak for us. Unfortunately, there may be times in our lives when having someone to make important decisions for us may be critical in life-challenging emergencies. A healthcare proxy will appoint someone for these very instances when we want or need someone to speak on our behalf. Although you do not need to have an attorney create a health care proxy, having the experienced guidance of a New Jersey estate planning lawyer can help answer any questions or concerns about the responsibilities of a health care proxy.
At The Matus Law Group, our lawyers can help you navigate the complexities of healthcare proxy documents and other critical aspects of estate planning. We understand the importance of making informed decisions about your medical care, and we are here to provide the guidance you need. Whether you want to become a healthcare proxy or need assistance with any aspect of estate planning, our attorneys can help you every step of the way. Contact us today at (732) 785-4453 to schedule a consultation and secure the peace of mind that comes with a well-prepared healthcare proxy.
Everyone Should Have an Advance Directive for Their Health Care
Advance directives are not only for the elderly. If you lose the ability to communicate or make decisions for yourself in any way, whether that is due to a medical emergency or if you have developed dementia, an advance directive guides decision makers on what you would wish for yourself. Advance directives typically have two components, a living will, and a health care proxy.
The living will, or instruction directive, will give specific directions about your care, typically in end-of-life situations. A health care proxy appoints someone to make medical decisions on your behalf. Unfortunately, without a health care proxy, the courts may have to make critical medical decisions for you.
What is a Health Care Proxy?
A health care proxy, or a medical power of attorney, is a legal instrument that allows another trusted individual to make health care decisions for you cannot do it for yourself. Unlike a living will, a health care proxy will give your agent or “proxy” as much or as little latitude as you are comfortable with in making important decisions about your medical care.
Even when you have close family nearby, competing opinions can substantially delay important decisions that may have to be made in emergencies. Your health care proxy gives one person the authority to make these important decisions on your behalf. Because the document doesn’t outline specific actions, however, you need to have an important discussion with this person so they understand what your wishes are.
Health Care Proxy Responsibilities
A health care proxy is a legally binding document created by an individual to appoint a trusted representative who will act on their behalf in making healthcare decisions if they are no longer able to make them themselves. Within this role, the chosen health care proxy is granted specific rights and responsibilities, including:
- Making decisions regarding medical care, which encompasses choices related to medical tests, medications, and surgical procedures.
- The authority to request or decline life-support treatments.
- Decisions concerning pain management, including the authorization or refusal of particular medications or procedures.
- Determining the location for the person’s medical treatment, including the ability to transfer them to another facility, hospital, state, nursing home, or hospice facility.
- The possibility of pursuing legal measures on behalf of the individual to support their healthcare rights and choices.
- The ability to request Medicare, Medicaid, or other program or insurance benefits for the individual.
These responsibilities may also entail fundamental management of the individual’s medical care, such as:
- Familiarizing oneself with the individual’s medical condition and available treatment options.
- Engaging in communication with the individual’s medical team, which may involve asking questions about the person’s condition, treatments, and alternatives.
- Reviewing the individual’s medical records.
- Keeping the individual’s family informed about their condition and treatment plan.
- Gaining access to and authorizing the release of the individual’s medical records.
- Requesting and coordinating second opinions or external medical care when necessary.
When it comes to designating a healthcare proxy in New Jersey, it’s crucial to seek guidance from a qualified New Jersey estate planning lawyer. At The Matus Law Group, our experienced lawyers can provide you with the legal guidance and support you need to make informed decisions and establish a comprehensive healthcare proxy that aligns with your wishes. Contact us today to schedule a consultation.
Health Care Proxy Vs Medical Power of Attorney
When planning for future medical decisions, it’s essential to understand the roles of a Health Care Proxy and a Medical Power of Attorney (MPOA). Though often used interchangeably, these terms have subtle distinctions that can significantly impact decision-making processes.
A Health Care Proxy is a legal document that appoints someone you trust to make medical decisions on your behalf if you’re unable to do so. This person, known as your health care agent, can only act when you’re incapacitated. The document outlines your wishes regarding medical treatments, ensuring your preferences are respected.
On the other hand, a Medical Power of Attorney also designates a trusted individual to make healthcare decisions for you when you’re unable to. However, the scope of an MPOA can be broader, allowing your agent to make a wider range of decisions beyond medical care, depending on the powers granted within the document.
While both documents serve to honor your medical preferences through a chosen representative, key differences include:
- Scope of Authority: An MPOA can encompass a broader range of decisions, whereas a Health Care Proxy is specifically focused on medical decisions.
- Activation: Both typically activate when you’re incapacitated, but the specific conditions under which they take effect can vary based on the document’s terms and state laws.
Choosing between a Health Care Proxy and a Medical Power of Attorney depends on your specific needs and the laws of your state. Consulting with a legal professional can help ensure your wishes are clearly documented and respected.
Who Should You Name As Your Proxy?
A health care proxy will name one person and an alternate to act on your behalf in the case of an emergency. Consequently, that person should be someone you know well and trust to make decisions on your behalf. Although family members often weigh-in in times of great emergency, this person will be the ultimate decision maker and the one who the medical providers will take direction from.
When considering a proxy, you will want to name someone you not only trust but someone willing to take on the responsibility. This should be someone who is not only responsible and can weigh important consequences but also someone who can be decisive without getting embroiled in family dynamics.
| Aspect | Details |
|---|---|
| Advance Directives | Advance directives include a living will and a health care proxy. These documents guide medical decisions when you can’t communicate your wishes. |
| Living Will (Instruction Directive) | A living will provides specific directions about your medical care, typically in end-of-life situations. It outlines your preferences for medical treatments and interventions. |
| Health Care Proxy (Medical Power of Attorney) | A health care proxy appoints a trusted individual to make health care decisions on your behalf when you cannot. It gives them the authority to make these decisions based on your wishes. |
| Importance of Health Care Proxy | Having a health care proxy is crucial because it designates one person to make medical decisions, avoiding potential delays and disagreements among family members during emergencies. |
| Choosing Your Proxy | When selecting a health care proxy, choose someone you trust, who understands your wishes, and is willing to take on the responsibility of making important medical decisions. |
| Alternate Proxy | It’s advisable to name an alternate proxy in case your primary choice is unavailable or unwilling to act as your proxy. |
Having an Important Discussion With Your Proxy
Your proxy must understand what your wishes are in certain scenarios. What would you want done if you were diagnosed with a terminal illness and not expected to recover? What if you suffered a coma and were not expected to improve? What would you decide to do if you required life support and would be fully dependent on others? These are important matters to discuss with your proxy so he or she understands how you would make these decisions for yourself.
Having a health care proxy is just one important component of having a comprehensive estate plan. If you have any questions about health care proxies, advance directives, or any other questions about planning for the future of your estate the experienced estate planning lawyers at the Matus Law Group are here to help. Contact us for a consultation today.
