No one wants to think about illness, incapacitation, or death, but unfortunately, it is a reality. If you do not have a plan established for medical treatment preferences when you are incapacitated and cannot speak for yourself, decisions will have to be made by family members. That can be a source of conflict and guilt. Nobody wants that.
At Mongiardo Law Group, our advance directive lawyers in New Jersey can go over these sensitive matters with you and help you devise an advance directive that mirrors your values and beliefs. Contact us at (973) 298-4557 or online to schedule a free consultation to learn more. In the meantime, below is a guide to advance directives that addresses common issues and questions.
What Can Advance Directives Do in New Jersey?
An advance directive is a set of medical instructions for what to do when someone is unable to make important medical decisions on their own. The underlying function of an advance directive is to make a patient's healthcare wishes known before the medical issues arise. Some examples of directives include:
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Do-not-resuscitate (DNR) orders
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Do-not-intubate (DNI) instructions
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Organ donor registration
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Designation of a medical power of attorney
In sum, advance directives do a lot for such a small part of an estate plan - they save your family the emotional pain of making healthcare decisions for you when you no longer can. They also secure your medical treatment preferences so that care you do not want is not provided, while care you want is provided.
Creating an Advance Directive in New Jersey
States have very different rules regarding what advance directives must contain and how they must be executed in order to be legally valid and recognized. This is why it is critical that you consult a New Jersey estate planning attorney to draft and oversee the execution of your advance directive. Otherwise, a form document or one that was improperly executed may not be recognized when you need it the most.
Once your advance directive is in place, the following is list of steps to take:
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Keep the originals in a safe, accessible place.
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Provide a copy to your doctor, health care agent, attorney, and/or loved ones.
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Be sure to log who has a copy of the directive so in case one is lost, you have a backup.
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Talk to family members about the decisions you made in the advance directive. It is good to establish boundaries and an understanding of your preferences.
Changing Advance Directives in New Jersey
Every few years, you should review your advance directive and make changes accordingly. This is true for all your estate plan documents. There are two events that particularly prompt a need for an update:
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A new diagnosis that will alter your way of life; or
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Marriage or divorce (i.e., you may want to change who you appoint as your healthcare proxy or agent)
The Benefits of Having an Advance Directive as Part of an Estate Plan in New Jersey
Creating an advance directive is not something that people like to think about - most people do not want to plan for serious medical problems. However, even young and healthy people stand to benefit from having an advance directive in place.
Like an insurance policy, an advance directive helps in a time of need, foreseeable or not. It also drastically reduces confusion at a moment when quick decisions need to be made, and it can remove the uncertainty and guilt that other people can feel when they have to make important decisions on someone else's behalf.
Contact a New Jersey Advance Directive Lawyer in Passaic County Today
Planning for your future health care is an important part of your estate plan. It is not something to be avoided. Peace comes with being prepared. At Mongiardo Law Group, our estate planning lawyers will walk you through the steps of an advance directive and all other components of an estate plan that suit your preferences. Contact us today at (973) 298-4557 or online to schedule a free consultation.
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