South Jersey Laws
Who can be a Health Care Representative
New Jersey Statute 26:2H-58 (Designation of health care representative; limitations)
Any person can act as the health care representative under a living will if they meet the following requirements:
  • The person must be age 18 or older.
  • The health care representative cannot own or work for the health care institution where the declarant is located, unless the representative is also related by blood, marriage or adoption to the declarant.
  • A doctor can be a health care representative for the declarant as long as the doctor is not treating the declarant.


Alternative Representatives

  • The declarant can name one or more persons to serve as alternate health care representatives.
  • The person listed first will have priority as long as that person is available and able to serve as health care representative.


Consultation

The declarant may include in the living will the names of people, such as other family members or spiritual advisors, that the representative should consult regarding medical care and treatment for the declarant.


Limitations

The declarant can put limitations on the authority that the health care representative will have, especially relating to a declarant's pregnancy.


Instructions

To help the health care representative in making decisions, the declarant can execute an instruction directive that explains the declarant’s general or specific wishes regarding medical care and treatment.

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