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, including directives like a DNR Order, 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.
What is a Health Care Proxy and Why Do You Need One?
A health care proxy is a legal instrument that lets you designate someone you trust to make health care decisions on your behalf if you’re unable to do so. Unlike a living will, which provides specific instructions about medical treatments, a health care proxy grants your designated agent or “proxy” the authority to make a wide range of medical decisions. You can determine how much or how little decision-making power your proxy has, depending on your preferences.
Having a health care proxy is essential because there may come a time when you are unable to make critical medical decisions for yourself due to illness, injury, or incapacitation. While family members may have good intentions, competing opinions can cause delays and conflicts during emergencies. A health care proxy gives a trusted person the authority to act in your best interests and alignment with your wishes. Without this document, the state may have to appoint a guardian to make these decisions on your behalf, potentially causing further stress and delay during critical moments.
Even if you believe your loved ones understand your preferences, they may not fully agree on decisions, particularly during emotional and challenging situations like end-of-life care. A health care proxy eliminates uncertainty by clearly designating one person to make decisions, streamlining the process, and reducing the risk of conflict.
While creating a health care proxy does not legally require an attorney, consulting an experienced New Jersey estate planning lawyer can provide valuable guidance. An attorney can help address any questions or concerns you may have, ensure the document complies with legal standards, and help you plan for your medical care with confidence. Having a well-prepared health care proxy provides peace of mind, knowing that your medical preferences will be respected in any situation.
Who Makes Medical Decisions If There Is No Power of Attorney in New Jersey
When a New Jersey resident has not appointed a power of attorney for health care decisions, the process of determining who will make medical decisions on their behalf follows a specific legal protocol. Suppose an individual becomes incapacitated and unable to make their own health care decisions, and there is no advance directive in place. In that case, New Jersey law relies on a default hierarchy of individuals who are authorized to make decisions for the patient.
In practice, the order of priority generally starts with the patient’s spouse or domestic partner. If neither is available or capable, the decision-making authority passes to adult children. If no adult children are available, the patient’s parents are next in line. In the absence of living parents, the authority to make health decisions may be given to the patient’s nearest adult relative or any other adult who demonstrates a special care and concern for the patient. This hierarchy reflects common practice and operates under the principles of substituted judgment and the patient’s best interest, as outlined in the New Jersey Advance Directives for Health Care Act (N.J.S.A. 26:2H-53 to 26:2H-91).
Healthcare providers are required to follow the patient’s known preferences if documented or, in the absence of such information, make decisions in the patient’s best interest. If disagreements arise among family members or if there is uncertainty about the patient’s wishes, ethics committees within healthcare facilities may be consulted to help resolve disputes. In extreme cases where conflicts cannot be resolved, or no suitable decision-maker is available, the court may intervene to appoint a guardian under New Jersey’s guardianship statutes (N.J.S.A. 3B:12-1 et seq.).
It is highly recommended that New Jersey residents create an advance directive or appoint a healthcare proxy to prevent confusion or disputes during critical medical situations. This proactive approach enables individuals to clearly communicate their medical preferences and designate a trusted person to make healthcare decisions on their behalf, ensuring that their medical care aligns with their personal values and goals.
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.
| Aspect | Health Care Proxy | Medical Power of Attorney (MPOA) |
|---|---|---|
| Definition | A legal document that appoints someone to make medical decisions if you’re incapacitated. | A legal document that designates a trusted person to make healthcare decisions when you cannot. |
| Scope of Authority | Limited to medical decisions only. | Can include a broader range of decisions beyond medical care, depending on the document. |
| When It Takes Effect | Activates only when you are incapacitated. | Typically activates when you are unable to make decisions, but specifics depend on the document. |
| Decision-Making Power | Grants authority to make medical treatment choices per your outlined preferences. | Can allow for broader decision-making authority, including financial or legal matters, if specified. |
What Kind of Decisions and Responsibilities Does a Health Care Proxy Have?
The designated proxy is authorized to make a wide range of critical decisions on your behalf, depending on the terms of the document, including:
- Decisions regarding medical care and treatments, including hospital care, home care, psychiatric treatment, as well as medical tests, medications, and surgical procedures.
- Choosing which doctors will provide care.
- Determining where care is received, including long-term care, assisted living, or nursing home facilities.
- Managing daily ongoing care for the individual.
The responsibilities of a health care proxy extend beyond immediate decisions. The appointed representative may also:
- Approve or decline life-support treatments.
- Make decisions concerning pain management, including authorizing or refusing particular medications or procedures.
- Determine the location for medical treatment, including transferring the individual to another hospital, state, nursing home, or hospice facility.
- Request Medicare, Medicaid, or other program or insurance benefits on behalf of the individual.
- Take legal measures to advocate for the individual’s healthcare rights and choices.
Additionally, the proxy may manage the individual’s healthcare by:
- Familiarizing themselves with the individual’s medical condition and available treatment options.
- Communicating with the medical team, asking questions, and reviewing the individual’s medical records.
- Keeping family members informed about the individual’s condition and treatment plan.
- Coordinating second opinions or external care when necessary.
Given the significance of these responsibilities, it is crucial to choose someone trustworthy and have clear conversations about your medical preferences and values. Alternatively, if you are to become the health care proxy for someone else, it is essential to fully understand the extent of your responsibilities, the individual’s medical wishes, and the legal requirements of the role. To create a comprehensive and legally sound health care proxy in New Jersey, or to receive guidance if you are being appointed as one, consulting an experienced estate planning lawyer may help. At The Matus Law Group, we can guide you through this process to ensure all wishes are clearly documented and understood. Contact us today to schedule a consultation.
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.
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.
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.
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 as a notarized document provides added verification of identity and authenticity.
Notarizing this document 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. Consulting an estate planning attorney can help you navigate other legal requirements and make informed decisions.
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.
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.
