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New Jersey Durable Power of Attorney Laws

Explanation of Chart and More Information on Durable Power of Attorney Laws

Code Section 26:2H-53, et seq. Advanced Directives for Health Care
Specific Powers, Life-Prolonging ActsDecisions to accept or refuse treatment, service, or procedure used to diagnose, treat, or care for a patient's physical or mental condition including life-sustaining treatment. Includes decisions on acceptance or rejection of services of particular physician or health care provider or transfer of care; on the use of any medical device or procedure, artificially provided fluids and nutrition, drugs, surgery or therapy that uses mechanical or other artificial means to sustain, restore, or supplant a vital bodily function and thereby increase the expected life span of a patient; does not include provision of comfort care or alleviation of pain
Legal Requirements for Durable Power of Attorney(1) Competent adult; (2) signed; (3) dated; (4) 2 witnesses who shall attest that declarant is of sound mind and free of duress and undue influence or notarized or other person authorized to administer oaths. May be supplemented by video or audio tape recording; (5) directive implemented when determination of lack of decision-making capacity is documented and confirmed by physicians
Revocation of Durable Power of AttorneyRevocable by (1) oral or written notification; (2) execution of subsequent directive; (3) divorce revokes former spouse's designation as representative. Patient's clearly expressed wishes take precedent over any patient's decision or proxy directive
Validity from State-to-StateEffective if executed in compliance with New Jersey law or the laws of that state. Effective if executed in a foreign country in compliance with that country's laws or the laws of New Jersey and is not contrary to public policy of New Jersey
If Physician Unwilling to Follow Durable Power of AttorneyUnwilling physician should act as soon as practicable to effect an appropriate, respectful and timely transfer care and to assure patient is not abandoned or treated disrespectfully
Immunity for Attending PhysicianNo civil, criminal, or professional liability for any physician acting in good faith and pursuant to this act

Note: State laws are constantly changing -- contact an attorney or conduct your own legal research to verify the state law(s) you are researching.

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