Common Provisions in a Living Will in New Jersey
A living will allows New Jersey residents to set clear instructions for end-of-life medical care. The document clarifies the treatments should be provided, withheld, or withdrawn if you cannot communicate your wishes. Without one, critical health care decisions may fall to family members or even the courts. At Poulos LoPiccolo PC, we have extensive experience with living wills. Here, our Monmouth County health care directive attorney provides an overview of the most common provisions of a living will in New Jersey.
The Provisions You Will Likely Find in a Living Will
Life-Sustaining Treatment
In virtually every living will in New Jersey, you will find a provision centered around the person’s preferences regarding life-sustaining treatment. You can use a living will to address what you want in regards to life-sustaining measures if you are permanently unconscious or terminally ill. Some of these treatments include ventilators, dialysis, and cardiopulmonary resuscitation (CPR).
How you address life-sustaining care in your living will is entirely within your control. Some people request that all measures be taken. On the other hand, there are also people who direct that such interventions be withheld to avoid prolonging suffering. New Jersey recognizes the right to accept or refuse life-prolonging care.
Artificial Nutrition and Assisted Hydration
Many living wills address the use of feeding tubes or intravenous fluids when you cannot eat or drink. This provision clarifies whether you want artificial nutrition and hydration continued, limited, or withheld. For some, this type of support provides comfort. Others view it as prolonging the dying process without improving quality of life. New Jersey law allows people to make this decision in advance. A properly drafted living will is legally binding.
Pain Relief and Palliative Care
A living will typically states that you want access to pain management, even if it could shorten your life. Along with other things, this includes medications, sedation, or other forms of palliative care. The goal is comfort rather than cure. You can direct doctors to put a priority on relief from suffering over aggressive interventions. Alternatively, you can state that pain management is a lower priority than the maximum chance at recovery/life extension. Once again, the decision is in your hands.
Organ and Tissue Donation
Many living wills include a provision for organ and tissue donation. The section allows you to specify whether you want to donate organs for transplant, research, or medical education. You can choose full donation or restrict it to certain organs or purposes. When you document your wishes, you remove uncertainty for your loved ones during an already difficult time.
You Should Also Appoint a Health Care Surrogate
A living will is important, but it is not by itself sufficient for health care planning for most people. In New Jersey, you can appoint a health care surrogate to make medical decisions on your behalf. Also referred to as a health care power of attorney or medical power of attorney, a health care surrogate is a trusted person who acts if you are unable to communicate and your living will does not cover the specific situation.
Call Our Monmouth County Living Will Lawyer Today
At Poulos LoPiccolo PC, our New Jersey estate planning attorney has extensive experience with living wills. If you have any questions or concerns about the common provisions within a living will, please do not hesitate to contact us today. With an office in Monmouth County, our firm helps clients with living wills throughout New Jersey.
