Advance Directive

This content is provided for informational purposes only. For specific legal advice, please consult with a qualified professional or an official government agency.

An Advance Directive is a legal document that allows you to specify the scope of medical treatment you wish to receive and designate a representative in advance, should you become unable to make or communicate your own decisions due to future illness or accident. This is an essential planning process to preserve your dignity and alleviate the burden of decision-making for your family.

In New Jersey, an Advance Directive only takes effect when your attending physician determines that you lack the capacity to make your own healthcare decisions. Any individual aged 18 or older may execute an Advance Directive.

Key Components

Advance Directives typically include the following two elements, which can be prepared together or separately:

CategoryPrimary ContentRole
Instruction Directive
(Commonly known as a Living Will)
Specifies the wish to withhold or continue life-sustaining treatment in particular circumstances.Communicate your treatment guidelines.
Proxy Directive
(Durable Power of Attorney for Healthcare)
Designates a representative to make medical decisions on your behalf.Ensure the legal representative’s decision-making authority.

Five Wishes: A Comprehensive Advance Directive

Created by the non-profit organization Aging with Dignity, Five Wishes covers not only medical decisions but also your emotional and personal desires. It is legally recognized in most U.S. states, including New Jersey, and is available in 31 languages, including English and Korean, making it highly accessible for Korean-American seniors.

It is legally valid in all 50 states and Washington D.C., though four states (Kansas, New Hampshire, Ohio, and Texas) may require additional procedures such as attaching state-specific forms.

*Can be obtained for free through healthcare providers and hospice partners.

Elements of Five Wishes

  1. The Person I Want to Make Care Decisions for Me When I Can’t: Legally designates a person who will communicate with medical staff and make final decisions when you cannot. This can be a family member or a friend.
  2. The Kind of Medical Treatment Desired or Refused: Specifies the extent of life-sustaining treatment you wish to receive, such as CPR, ventilator use, or artificial nutrition.
  3. How Comfortable I Want to Be: Details specific requests for pain management and creating a peaceful environment (e.g., music, bathing, bedding).
  4. How I Want People to Treat Me: Requests specific emotional considerations, such as how staff and family should interact with you, having family present, physical touch (holding hands), or religious support.
  5. What I Want My Loved Ones to Know: Includes final messages to loved ones, funeral arrangements, and the philosophical legacy of how you wish to be remembered.

Execution Procedures (New Jersey)

  • Decision-Making and Consultation: Reflect on your values and consult thoroughly with your primary care physician and family.
  • Document Preparation: Complete the New Jersey standard form or the Five Wishes form.
    • Five Wishes is available for purchase ($5) on their official site or for free through healthcare/hospice partners. *Korean version available.
  • Legal Requirements: Requires signatures from two adult witnesses (18 and above).
    • The designated Health Care Agent cannot serve as a witness.
    • To prevent disputes, it is recommended to choose a third party who is not a beneficiary of your estate.
    • Notarization: In lieu of witness signatures, you may sign before a Notary Public or an attorney-at-law.
  • Storage and Distribution: Keep the original in a safe but accessible place (avoid locked safes). Provide copies to your family, primary physician, Health Care Agent (including alternates), and any hospital you expect to be admitted to.

Contact

AgencyServices ProvidedContact Information
NJ ADRC
(Aging & Disability Resource Connection)
Service connection and counseling for seniors, individuals with disabilities (18 and above), and family caregivers by county.1-877-222-3737
(Connects automatically to your local county office)
Bergen County Division of Senior ServicesInformation, assistance, and referrals for legal services.One Bergen County Plaza, 2nd Floor,
Hackensack, NJ 07601
201-336-7400 seniors@bergencountynj.gov
NNJLS
(Northeast New Jersey Legal Services)
Free legal aid for low-income residents, seniors, and the disabled (subject to eligibility).190 Moore Street, Suite 100,
Hackensack, NJ 07601
201-487-2166
NNJLS.ORG
LSNJ
(Legal Services of New Jersey Hotline)
Statewide legal hotline providing free legal advice and information.1-888-576-5529
lsnjlawhotline.org

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