Revoking or changing an advance directive
New Jersey Statute 26:2H-57 (Proxy, instruction directive; reaffirmed, modified, revoked)
Modification of a living will
The person making the living will may modify the document at any time. The modifications must meet the same requirements as the original document.
Revocation of living will
A declarant may revoke or cancel a living will, which can include a proxy directive or an instruction directive or both by doing the following:
- Notifying, either orally, or in writing the health care representative, doctor, nurse or other health care professional or other reliable witness of the declarant’s desire to cancel the living will; or
- Tearing, ripping, burning, destroying or doing any other act which indicates the declarant’s desire to cancel or revoke the living will; or
- Executing another living will that also meets the legal requirements.
A living will that appoints the declarant’s spouse as health care representative is automatically revoked at the time of a legal divorce or separation.
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