South Jersey Laws
Living Wills - At A Glance
New Jersey Statute 26:2H-56 (Advance directive for health care; execution)


A living will is a legal document that tells a doctor, hospital or caregiver how a person wants to be treated if he or she is seriously injured or ill, and cannot communicate with others.

A living will can also be called an advance directive for health care. A living will contains one or both of the following:

  • Instruction directive: Directs what type of medical care and treatment the person wants to receive.
  • Proxy directive: Appoints someone to act as a health care representative to make decisions regarding the person's medical care and treatment.

A Living Will or Advance Directive may be created with or without an attorney. To be valid, it must satisfy the following conditions:

  • Written;
  • Signed and dated either by the person making it, called the declarant, or by someone else at the person’s direction, and
  • Witnessed by two independent adult witnesses who certify in writing that the declarant is of sound mind and under no force or pressure to sign the document. (A person named as a health care representative in the living will cannot be one of the witnesses), OR
  • A living will can be signed under oath, by the person, in front of a notary public or attorney, without any other witnesses.

The living will can also:

  • Be supplemented by a audio or video tape recording, and
  • If the declarant is female, state what effect the living will have if the declarant is pregnant.
View Laws By County